RONAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Questioning the legality and correctness of the judgment passed by the Principal District and Sessions Judge, Gadag in S.C. No.25/2014 dated 21.11.2016, the appellant accused is before this Court.

(2.) We have heard the learned counsel Sri.B.V.Somapur for the appellant accused and the learned Additional S.P.P. Sri.V.M.Banakar for the respondent State.

(3.) The case of the prosecution in brief is that the appellant accused and the deceased were wife and husband and they have begotten four children. P.Ws.2 and 3 are the sons, who also used to reside along with the parents. It is the further case of the prosecution that the appellant accused used to quarrel with the deceased for the reason that the deceased used to object the appellant accused not to move outside the house. It is further case of the prosecution that on the date of the alleged incident, there was a quarrel. The complainant is the brother of the deceased, who is also residing nearby, came and pacified the quarrel and told them to have the food and sleep. It is further case of the prosecution that in between 11:00 p.m. and 12:00, midnight, again the accused and the deceased quarrelled and accused by holding color of the deceased took him to the kitchen and thereby sitting on his chest, strangulated and caused the death. It is the further case of the prosecution that P.Ws.2 and 3 who are minors, immediately went to the house of P.W.1 and informed the same and he came and saw that already the deceased has breathed his last and the accused has committed the murder. Next day, he went to the Police Station and filed the complaint, as per Ex.P-1. On the basis of the complaint, a case has been registered in Crime No.8/2014. Thereafter, after investigation, the charge sheet was came to be filed. After committal, the Sessions Court took cognizance and secured the presence of the accused, who was on bail and after hearing, the charged was framed. Accused pleaded not guilty. She claims to be tried and as such, the trial was fixed.