MOUNESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the order dated 8.10.2015 passed by the II Additional District and Sessions Judge at Raichur (hereinafter referred to as 'trial Court' for short) in S.C. No.1/2015, the accused has filed the subject criminal appeal against the judgment of conviction and order of sentence directing him to undergo rigorous imprisonment for life for the offence punishable under Section 302 of IPC.

(2.) The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.

(3.) The case of the prosecution is that one Smt. Durgamma gave a statement before the Assistant SubInspector of Kavithal police on 27.9.2014 at RIMS Teaching Hospital, Raichur, alleging that she is the wife of one Shivarayappa Paikeri, who is working as a coolie. She has two children, one of whom by name Hanumanthi (hereinafter referred to as 'deceased' for short) was given in marriage to accused and the marriage was performed six years ago. The contents of the complaint were that after marriage, her daughter Hanumanthi had been to the house of her husband, accused herein, and resided along with him only for a period of one year. It is alleged that the accused thereafter cultivated the habit of consuming alcohol which became unbearable to her daughter and on that ground had separated the accused and her daughter. That the accused had turned an alcoholic. It is further alleged that the accused did not stop consumption of alcohol and was demanding money from his wife to support his habits. When the deceased refused to pay money, the accused assaulted her mercilessly. When this came to the knowledge of the complainant, she and her husband visited the house of accused and brought back her deceased daughter Hanumanthi and from then on, the deceased resided along with the complainant.