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Ganesh S/O Bhaurso Shinde vs The State Of Maharashtra on 19 July, 2019 cites

M V Shrinivasa Gowda vs State Of Karnataka By Its Secretary on 21 September, 2012

(iii) In the case of Shrinivasa Gowda Vs. State of Karnataka in Criminal Apeal No.355 of 2010 decided on 28th February, 2018 (High Court of Karnataka at Bengaluru), the appellant was convicted and sentenced for the offence punishable under Section 498-A of the IPC. He was charged for the ::: Uploaded on - 19/07/2019 ::: Downloaded on - 20/07/2019 06:26:42 ::: (15) Cri.Appeal No.173-18 offences punishable under Sections 498-A and 306 read with Section 34 of the IPC. He was acquitted of the offence punishable under Section 306 of the IPC. PWS 1, 3 and 6 were vital witnesses examined by the prosecution to prove the guilt of the accused. The evidence of DW-2, the sister of the deceased was contrary to the evidence of these material witnesses. The evidence of all these witnesses found full of inconsistencies and was contrary to each other relating to physical as well as mental harassment given by the accused to the deceased. Therefore, it was held that said evidence does not constitute an offence under Section 498-A of the IPC. Except the evidence of PWs-1, 3 and 6 who are the father, mother and brother respectively of the deceased, there was no other corroborative evidence to prove the guilt of the acucsed and the evidence of the other witnesses was only hearsay. Marriage of the deceased with the accused was performed on 03.06.1994. Deceased led a happy marrital life with the accused for a long duration of 11 years prior to death on 09.09.2005. It was held that under such circumstances, an ::: Uploaded on - 19/07/2019 ::: Downloaded on - 20/07/2019 06:26:42 ::: (16) Cri.Appeal No.173-18 inference can be drawn that deceased committing suicide by consuming pesticides was not on account of ill-treatment or cruelty given by the accused. Trial Court based the conviction of the accused for the offence under Section 498-A of the IPC slightly on the ground that the accused did not allow the deceased to go to her parental house and the same would amount to cruelty. In the absence of any material evidene on record, the Trial Court was not at all justified in coming to such a conclusion. In the appeal against conviction of the appellant on re-appreciation of the entire material on record, it was held that the trial Court has committed an error in appreciating the evidence on record in a proper perspective and that the learned Judge of the Trial Court was not justified in convicting the accused for the offences alleged against him. As such, the appellant was acquitted of the charges levelled against him and conviction under challenge was set aside.
Karnataka High Court Cites 6 - Cited by 2 - P B Sanganagouda - Full Document
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