NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused against the judgment of conviction and order on sentence dated 28-3-2015 made in Sessions Case No.852 of 2013 on the file of the LI Additional City Civil and Sessions Judge, Bengaluru, convicting and sentencing the accused to undergo imprisonment for life with fine of Rs.10,000/- for the offence punishable under Section 302 of the Indian Penal Code (for short, 'the IPC ') and further sentenced to undergo imprisonment for three years with fine of Rs.2,000/- for the offences punishable under Sections 498A and 201 of the IPC.

(2.) It is the case of the prosecution that the accused, being the husband of the deceased, was harassing the deceased both mentally and physically by suspecting that the deceased has illicit relationship with Prakash. On 22-2-2013 at about

(3.) :00 p.m., the accused took the deceased towards N.G.E.F. Layout situate inside Bangalore University campus, behind Gandhi Bhavan, Yoga Centre, under the guise of discussing regarding divorce, the accused attacked on the chest, neck, stomach and other parts of the body of the deceased with a newly purchased knife with an intention to eliminate the deceased and the accused eliminated the deceased by cutting her neck and attacked her on other parts4 of the body. It is alleged that the accused tried to destroy the evidence against him by hiding the knife in the forest. After the said act, the accused surrendered before P.W.18-P.S.I of Jnanabharathi Police Station at about 5:45 p.m. After confirmation of the incident, P.W.18-P.S.I obtained a complaint from P.W.1-brother of the deceased and registered a case for the offences punishable under Sections 498A, 302 and 201 of the IPC and charge-sheet came to be filed for the offences punishable under Sections 498A, 302 and 201 of the IPC. 3. The case was committed to the Sessions Court by the IX A.C.M.M. Court. The learned Sessions Judge framed the charges on 27-7-2013 for the offences punishable under Sections 498A and 302 of the IPC. The same was read over and explained to the accused, he pleaded not guilty and claimed to be tried.