State of Karnataka Vs Dharmapala Gowda

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO A. SET ASIDE THE ORDER DATED 16.03.2018 PASSED IN THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE SITTING AT PUTTUR, D.K., DISTRICT IN CRL.A.NO.5032/2017 CONFIRMING THE JUDGMENT AND ORDER DATED 18.04.2017 PASSED BY THE COURT OF THE CIVIL JUDGE AND JMFC, SULLIA, D.K., DISTRICT IN C.C.NO.755/2012.B. SETTING ASIDE THE ORDE DATED 18.04.2017 PASSED BY THE CIVIL JUDGE AND JMFC, SULLIA D.K., DISTRICT IN C.C.NO.755/2012.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:2261 CRL.RP No. 790 of 2018

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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State is before this Court in this Criminal Revision petition filed under Section 397 read with Section 401 of Cr.PC with a prayer to set aside the judgment and order of acquittal passed in C.C.No.755/2012 dated 18.04.2017 by the Court of Civil Judge and Judicial Magistrate, First Class at Sullia, Dakshina Kannada District, which is confirmed in Crl.A.No.5032/2017 by judgment and order dated 16.03.2018 passed by the Court of V Additional District and Sessions Judge, D.K, Mangaluru, Sitting at Puttur, Dakshina Kannada District.

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Heard the learned counsel for the parties.

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Respondents herein were charge sheeted for

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offence punishable under Section 498A of IPC and tried for the said offence in C.C.No.755/2012 by the Court of Civil Judge and Judicial Magistrate, First Class at Sullia, D.K., and by judgment and order dated 18.04.2017 were

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HC-KAR

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acquitted of the charge sheeted offences. Aggrieved by the

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judgment and order of acquittal passed in C.C.No.755/2012, State had filed an Criminal appeal before the Court of V Additional District and Sessions Judge, D.K, Mangaluru, Sitting at Puttur, Dakshina Kannada District in Crl.A.No.5032/2017 which was dismissed, confirming the judgment and order of acquittal passed by the Trial Court. Aggrieved by the aforesaid two judgment and order's of acquittal, State is before this Court in this Criminal revision petition.

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Prosecution in order to prove its charges against

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the respondent/accused had examined 12 charge sheet witnesses as PW.1 to PW.12 before the Trial Court and also had got marked four documents as Ex.P.1 to Ex.P.4. In support of the defence two documents has got marked as Ex.D.1 to Ex.D.2. The Trial Court having appreciated that the evidence placed on record by the prosecution is not reliable and the deposition of the charge sheet witnesses are full of contradictions has rightly acquitted

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HC-KAR

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the respondent/accused for the offence punishable under Section 498A of IPC. The Appellate Court having reappreciated the oral and documentary evidence placed on record by the prosecution has confirmed the judgment and order of acquittal passed by the Trial Court.

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It is trite that the scope for interference by this Court in exercise of its revisional jurisdiction as against the concurrent findings recorded by the Courts below, acquitting the accused is very limited.

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It is also relevant to notice here that the appeal filed by the State under Section 378 of Cr.PC against the judgment and order of acquittal, before the Court of Sessions Judge at Mangaluru was not at all maintainable. The appeal under Section 378 of Cr.PC by the State should have been filed before this Court and not before the Court of Sessions Court at Mangaluru. However, the learned Session Judge has considered the appeal on merits and has confirmed the judgment and order of acquittal passed

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HC-KAR

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by the Trial Court I do not find any illegality or irregularity

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in the concurrent finding of acquittal recorded by the Courts below. Therefore, I am of the opinion that the impugned judgment and order of acquittal passed by the Courts below does not call for any interference.

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Accordingly, the following:

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ORDER

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The Criminal Revision petition is dismissed .

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 18