Introduction:

In a significant ruling, the Karnataka High Court convicted a son for assaulting and causing the death of his mother, setting aside the acquittal order passed by the trial court. The division bench’s decision underscores the importance of ensuring justice for victims of domestic violence.

Arguments of Both Sides:

The state government, represented by HCGP Thejas P, appealed against the trial court’s acquittal of Anil N B, arguing that the evidence, including the victim’s dying declaration, warranted conviction. Advocate Padmavathi N, representing the respondent, may have contested the prosecution’s case, asserting inconsistencies in the evidence or challenging the reliability of the dying declaration.

Court’s Judgement:

Justices K S Mudagal and T.G. Shivashankare Gowda held that the prosecution had proved beyond a reasonable doubt that Anil N B assaulted his mother, resulting in her death. The court found the trial court’s acquittal order to be perverse and contrary to the evidence on record. Rejecting the defence’s contention that the victim’s injuries were caused by alcohol consumption, the court emphasized the lack of evidence supporting this claim. The bench convicted Anil N B under Section 304 of the Indian Penal Code, holding him accountable for his actions.