SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-accused preferred this appeal aggrieved by the impugned judgment of conviction and order of sentence dated 12.04.2017 passed in S.C.No.7/2015 on the file of the learned I Additional District and Sessions Judge, Bagalkot to sit at Jamakhandi (for short referred to as, 'trial Court'), convicting him for the offence punishable under Section 302 of Indian Penal Code (for short referred to as ' IPC ') and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000/-. In default to pay fine, to undergo imprisonment for a period of one year and also to pay compensation of Rs.50,000/- to his minor child, while acquitting him for the offence punishable under Section 498-A of IPC.

(2.) Heard Sri.Vitthal S Teli, learned counsel for the appellant-accused and Sri.V.M.Banakar, learned Additional SPP for the State.

(3.) The case of the prosecution in brief is that the deceased Padmavati is the wife of the appellant- accused and their marriage was performed on 29.06.2012. After the marriage the deceased was living with the accused in her matrimonial house at Mugalakod. The accused used to quarrel with his wife demanding money for his expenditure. In the wedlock they begotten a baby girl by name Shanta on 31.12.2013. Even thereafter, the accused continued to quarrel with his wife every now and then whenever she used to advice him not to spend amount unnecessarily. On 25.08.2014, the accused again demanded amount from the deceased for filling petrol to his motorcycle and when the deceased adviced him to use bicycle instead of motorcycle, there was a quarrel between them and the accused assaulted and strangulated her neck, as a result of which she died at the spot.