SHARIFSAB Vs. STATE OF KARANTAKA

JUDGEMENT

(1.) The appellant/accused No.1 is seeking intervention of this Court in the judgment of conviction and order of sentence dated 30.08.2016 passed by the II Addl. District and Sessions and Special Judge, Dharwad in S.C.No.50/2014.

(2.) We have heard the learned counsel Sri. B. V. Somapur, for the appellant/accused No.1 and the learned Addl. SPP Sri. V. M. Banakar for respondent-State.

(3.) The facts leading to the case are that, accused got married with the deceased Sajnabi @ Rubina and thereafter she started to reside at Alagwadi. Subsequently after 1 1/2 years prior to the date of incident, accused No.1 came to Tirlapura and started living with the deceased in the house of accused No.2, who is his mother. It is further alleged that accused No.1 was addicted to bad vices and was drinking liquor and was also having illicit relationship with other women. The same used to be objected by the deceased wife, for which accused No.1 used to assault her by abusing her in filthy language. It is accused No.2 who was instigating accused No.1 to illtreat and harass her and also to punish her. Though many a times elders advised accused No.1, he continued the ill-treatment. In that light, on 05.02.2014, the deceased went to primary school near bus stand, for supply of hot food to the school children. At about 2.30 pm while returning from the school, accused No.1 restrained and assaulted her with sickle on her back, left hand, head and other parts of the body. Due to the injuries, the deceased died on the spot. One person by name Sangappa informed the complainant about the act of the accused No.1. Immediately himself and his wife went to the spot and found the dead body of the deceased. Thereafter, they have filed the complaint as per Ex.P1. On the basis of the complaint, a case was registered in Crime No.18/2014. Thereafter after investigation charge sheet has been filed. Learned Magistrate committed the case to the Sessions Court. The Sessions Court secured the presence of the accused. After hearing the learned Public Prosecutor and learned counsel for the accused, charge was framed. Accused pleaded not guilty. He claims to be tried and as such, trial was fixed.