GANGANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant/accused challenging the legality and correctness of the judgment of conviction dated 17.01.2017 and order of sentence dated 20.01.2017 passed by the III Addl. District and Sessions Judge, Ballari (sitting at Hosapete) in S.C.No.5041/2014.

(2.) We have heard the learned counsel Sri. Gourishankar Mot for the appellant/accused and the learned Addl. SPP Sri.V. M. Banakar.

(3.) The complainant and the accused were husband and wife. Out of their matrimonial relation they have begotten two daughters and a son. It is alleged that for some time the complainant and the accused stayed in Neralagunte village and after three years she came to her parental house at Thayakanahalli and was staying along with her children. It is the further case of the prosecution that the accused used to go out to attend his duties and he was suspecting the fidelity of the complainant and often used to pick up quarrel with her. It is further alleged that he always used to tell that the deceased was not born to him. In that light, on 11.02.2013 at about 10.00 am, accused by suspecting the fidelity of the complainant started quarrelling with her and abused her in filthy language and tried to assault her. When the deceased son came to the rescue of complainant, accused strangulated the deceased by squeezing his neck and also assaulted the complainant and his daughter Rekha when they came to rescue the deceased and immediately the relatives and neighbors came and they noticed that the deceased has breathed his last. On the basis of the complaint - Ex.P1, a case has been registered in Crime No.13/2013. Thereafter, after investigation charge sheet has been filed. The Committal Court committed the case to the Sessions Court and the Sessions Court secured the presence of the accused and charges were framed after hearing. Accused pleaded not guilty and he claims to be tried and as such, trial was fixed.