SHIVAMMA W/O MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant as accused No.1 was tried and later convicted by the learned Principal District and Sessions Judge at Chikkaballapura, (hereinafter referred to as 'Trial Court' for brevity), in Sessions Case No.111/2008, by its judgment of conviction and order on sentence dated 21-01-2014, for the offences punishable under Sections 342 and 326 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity) and was sentenced accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused No.1 has preferred this appeal.

(2.) The summary of the case of the prosecution is that, accused No.1 is the wife of the complainant (PW-1) Manjunatha, and had developed illicit relationship with accused No.2. On 30-04-2008, in the evening at about 8 o'clock, when the complainant returned to his home, he found the presence of accused No.2 along with his wife (accused No.1) in his house. Though accused No.2 left the house, after arrival of complainant, but on the same night, which was on 01-05-2008 at 03:00 hours, once again accused No.2 went to the house of the complainant and got the door opened and when questioned by the complainant as to why he had come once again in that odd hour, the said accused No.2 joined by none else than the wife of the complainant closed the mouth of the complainant, dragged him to the cattle shed which was adjacent to their hut and after tying his hands and legs to a pole there, removed his nicker (half pant) and using a machete and a knife, amputated his penis shaft and also inflicted few more injuries on other parts of his body, thereby, attempted to cause his death. The complaint was lodged by the complainant himself, while under treatment in the Hospital which was registered in the respondent Station Crime No.81/2008 against both accused No.1 (present appellant) and accused No.2, for the offences punishable under Sections 342 and 307 read with Section 34 of IPC. After completing investigation, the respondent Police filed a charge sheet for the said offences. The charge was framed against the accused for the offences punishable under Sections 342 and 307 read with Section 34 of IPC.

(3.) Since the accused pleaded not guilty, in order to prove the charges leveled against the accused, the prosecution examined in all fourteen witnesses from PW-1 to PW-14 and got marked documents from Exhibits P-1 to P-33. Material Objects from MO-1 to MO-4 were marked from the prosecution side. Neither any witnesses were examined nor any documents were marked as exhibits from the side of the accused.