BASAPPA ANNAPPA BADACHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant accused has been convicted by the learned VIII Additional District and Sessions Judge, Belagavi (hereinafter referred to as Trial Court) in Sessions Case No.108/2014 dated 06.10.2016 for the offences punishable under Sections 302, 376 and 511 of IPC. He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- for the offence punishable under Section 302 of IPC, with a default sentence and he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- for the offence punishable under Section 376 read with Section 511 of IPC. Challenging the same, the accused appellant is before this Court.

(2.) We have heard the learned counsel Shri A.G.Mulwadmath for the appellant accused and Shri V.M.Banakar, the learned additional S.P.P. for respondent State.

(3.) The factual matrix of the case of the prosecution are that on 02.02.2014 at about 04:00 p.m., when the deceased was sleeping in her bed room in the house of the accused, situated in the land belonging to the accused, he attempted to commit rape on her and when the deceased did not budge to his desire, accused with an intention to finish her off, throttled her to death and thereby he has committed the offence.