HANIFSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.100226/2016 has been preferred by the appellant/accused challenging the legality and correctness of the judgment passed by the II Addl. District Sessions Judge, Haveri, sitting at Ranebennur, (for short 'the trial Court) in S.C.No.53/2014 dated 15.04.2016 convicting him for the offence punishable under Section 302 of IPC and sentencing him with death sentence by hanging till death. Crl.R.C.No.100001/2017 has been registered on the basis of the reference made by the trial Court under Section 366 (1) of the Cr.P.C. seeking confirmation of the death sentence imposed on the accused.

(2.) We have heard learned counsel Sri J.Basavaraj, appointed as Amicus Curiae by this Court to represent the accused and Sri. V.M.Banakar, learned Addl. State Public Prosecutor appearing for the State.

(3.) The genesis of the case of the prosecution in brief is that the accused was residing along with his family at old Shidenur. He had two sons and two daughters. The daughters were given in marriage and his two sons were residing separately along with their family members. Accused used to reside by the side of the house in which his son and wife were residing. When the deceased wife was residing along with accused, the accused used to pick up quarrel with her and used to ill-treat her. In spite of that, she led marital life with accused by tolerating all the ill treatment. Very recently prior to the incident, she failed to withstand the ill treatment and harassment meted out by the accused and she started residing with her sons and occasionally she used to come to the house of the accused. 15 days prior to the alleged incident, the accused picked up quarrel with the deceased by holding the chopper in his hand and threatened her with dire consequences. The elderly persons in the community and the neighbourers have pacified the quarrel. Thereafter, after two days the son of the accused had gone to Mangalore along his wife for her treatment and at that time, the deceased was living along with her grand children. On 01.05.2014 at about 6.30 a.m., when the deceased was in her son's house along with her grand children and was cooking food, the accused holding the chopper rushed to the kitchen and picked up quarrel with the deceased, abused and assaulted her and finally chopped her neck with the chopper. The grand children who were present there have witnessed the incident. In the meanwhile, on hearing the galata, neighbourers rushed to the spot but they could not enter the house since the accused had locked the house from inside and they saw the incident through the window and brake open the door but unfortunately, the accused came out of the house holding the separated portion of the head of the deceased in one hand and the chopper in the other hand. On seeing the same, the neighbourers and the persons who had gathered there got afraid, left the spot and thereafter that the accused went towards Byadagi town.