STATE OF KARNATAKA Vs. GANGADHARAIAH

JUDGEMENT

(1.) This appeal by the State of Karnataka is directed against the judgment and order dated August 25, 1987 rendered by the Karnataka High Court in Criminal Appeal No. 544 of 1986, whereby it set aside the conviction and sentence recorded against the respondent under S. 302, IPC by the First Additional City Sessions Judge, Bangalore for committing the murder of his wife, Gangaboramma alias Papachhi and acquitted him.

(2.) (a) According to the prosecution case, the respondent married the deceased in or about the year 1971 and since then they were living together in his native village Kanakkuppa in the district of Tumkur. While residing there the respondent used to frequently come home drunk and beat and ill-treat the deceased. In expectation that good sense might prevail upon him if he was shifted to some other place, the parents of the deceased brought them to Bangalore and put them up in a house in Vivekananda Block, Palace Guttahalli. Their expectations were however belied as the respondent continued to come home late and under the influence of liquor, quarrel with and beat the deceased.

(3.) The respondent pleaded not guilty to the charge levelled against him and contended that his co-brother Guddaiah was liked by his parents-in-law but he was not. In his absence Guddaiah used to visit his house and since the death of his wife they have been living together. After his examination under S. 313, Cr. P.C. the respondent filed a written statement in his defence (Ex. D-5) wherein he took a plea of alibi also stating that on April 16, 1986 he had gone to Kanakuppa village to attend a fair and during his absence Guddaiah had murdered his wife and had taken away her jewels and other articles.