BHEEMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The sole accused/appellant herein has called in question the Judgment of conviction and sentence passed by the II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur in S.C.No.32/2012 dated 04.01.2016 in convicting the appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/- and in default, to under go simple imprisonment for a period of one year.

(2.) The brief factual matrix of the case is that, the accused and the deceased by name Gangawwa are husband and wife. They are residing together along with their children at Ranebennur. It is the case of the prosecution that, the accused has been addicted to alcohol and he used to come to the house in fully drunken state everyday. He had been suspecting the fidelity and loyalty of the deceased Gangawwa. In this back ground, it is alleged that on 30.11.2011 in the night at about 10.00 p.m., the accused came to the house in fully drunken state and started quarrelling with his wife and he also made attempts to assault his son i.e. PW-10 by name Hanumantha. The deceased wanted to rescue him. In that context, the accused caught hold the deceased and dragged her out side the house and he pushed her on the road and dashed her head upon the cement road continuously by sitting upon her chest. In this context, she suffered bleeding injuries on her head and thereafter she was shifted to the OM Multi Speciality Hospital, Ranebennur and after obtaining the first aid treatment she has been shifted to C.G.Hospital, Davanagere. But she succumbed to the injuries on 01.12.2011 at 2:35 a.m. The son of the accused by name Hanumantha has lodged a complaint on 01.12.2011 at about 13:00 hours. On the basis of which, the police have registered a case in Crime No.146/2011 for the offence punishable under Section 302 of IPC and investigated the matter and submitted the charge sheet. The accused was also arrested on 02.12.2011 and since then he is in judicial custody. The Trial Court after committal proceedings, framed charges against the accused for the offence punishable under Section 302 as the accused denied the charges and claimed to be tried and he was tried by the Sessions Court for the above said offence.

(3.) The prosecution in all examined 26 witnesses i.e. PW-1 to PW-26 and got marked Exhibits P1 to P37 and got marked M.O.Nos.1 to 9 material objects. The accused was also examined under Section 313 of Cr.P.C, however the accused did not choose to lead any defence evidence on his side. The Trial Court after appreciation of the oral and documentary evidence concluded that, the prosecution has proved its case beyond reasonable doubt. Therefore, the Judgment of conviction and the sentence has been rendered by the Trial Court as noted supra.