THIPPESHAPPA Vs. STATE OF KARNARAKA

JUDGEMENT

(1.) The accused filed the present Criminal Appeal against the judgment and order of conviction dtd. 24/3/2015 made in S.C.No.32/2014 on the file of the II Additional Sessions Judge, Chikkamagaluru, sentencing the accused/appellant herein to undergo imprisonment for life and to pay fine of Rs.3,000.00, in default of payment of fine, to undergo further sentence of simple imprisonment for a period of three months, for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) It is the case of the prosecution that the accused being the husband of the deceased Kamalamma, on 14/2/2001, early in the morning at about 4.00 am, in the vacant land of Sri Erappa and Puttegowda, bearing Sy.No.247 of Undedasarahalli, Chikkamagaluru, committed the murder of Kamalamma intentionally by strangulating her with a nylon rope, when she was sleeping, as she refused to accompany the accused to his native place at Boranahalli, Holalkere Taluk. Based on the complaint made by P.W.1-mother of the deceased, the jurisdictional police conducted the investigation and filed absconding charge sheet for the offence punishable under Sec. 302 of the Indian Penal Code. The learned Magistrate recorded the evidence of the prosecution witnesses under Sec. 299 of the Code of Criminal Procedure and after apprehending the accused in the year 2014, the matter was committed the Court of Sessions. The learned Sessions Judge framed the Charge on 12/6/2014, read over and explained the same to the accused who pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, the prosecution examined ten witnesses as P.Ws.1 to 10 and marked the documents Exs.P.1 to P.12 and the material objects M.Os.1 to 9. After completion of the evidence of prosecution witnesses, the statement of the accused was recorded as contemplated under Sec. 313 of the Code of Criminal Procedure. Though the accused denied all the incriminating evidence adduced against him, did not choose to adduce any oral or documentary evidence in the defence.