D. THIPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant is before this Court assailing the judgment of conviction and order of sentence passed by the Principal Sessions Judge, Ballari in S.C. No.40/2015 dated 15.07.2016.

(2.) We have heard the learned counsel Sri.J.Basavaraj 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 on 02.02.2015 at about 09:00 a.m., the complainant, his parents, brother, sister had meals. Thereafter, the accused started quarrelling with his deceased wife Neelamma. The complainant and others pacified the quarrel and thereafter complainant went to the school. His sister and brother went to the land to pluck the chilly. At about 12:15 p.m., the complainant received a phone call that his mother is dead. Immediately he rushed to the house and found his mother lying in the kitchen and blood was oozing from her right ear and she had injury on right side lip, left elbow and found mark on the neck. On enquiry, with his younger brother, he came to know that at about 11:30 a.m. his brother and sister have returned from the field and when they opened the door, their mother was lying in the kitchen in supine position. When they tried to speak with her she did not respond and she was dead. Immediately they started crying and also noticed the injuries. On the basis of the information received, complaint came to be filed. On the basis of the complaint, crime came to be registered in Crime No.16/2015. Thereafter, after investigation charge sheet has been filed. The Committal Court committed the case to the Sessions Court and Sessions Court secured the presence of the accused and charge was framed. Accused pleaded not guilty, he claims to be tried and as such, trial was fixed.