VEERESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole - accused in the Sessions Case in S.C. No. 40/2014 on the file of the Principal District and Sessions Judge, Bagalkot (for short, 'the Sessions Court'). The Sessions Court by the impugned judgment and order dated 09.11.2017 has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code (for short, ' IPC ') and the appellant is sentenced to undergo imprisonment for life and pay fine of Rs.25,000/- with default sentence of simple imprisonment for three months.

(2.) The prosecution's case against the appellant is that the appellant, a resident of Jamakhandi, regularly quarrelled with his wife, Smt.Soumya (P.W.14), suspecting her fidelity and stating that their children, Master Abhishek (aged about 7 years) and Master Vidyanand (aged about 5 years) were not his children. Smt.Soumya, for about 10-20 days prior to 24.01.2014, was staying with the children in her maternal house at-Hunnur because her grandmother had died immediately prior thereto. On 24.01.2014, the appellant called on his wife at her maternal place and took the two children stating that he was taking the children with him so that they could meet the paternal grandparents. The appellant had come on a two- wheeler, a-Scotty. But neither the appellant nor the children returned even though it was late in the evening.

(3.) The prosecution's further case is that the appellant's father-in-law called the appellant's sister, Smt.Kavita, on her cell phone, and she could only say that the appellant had not returned home yet. The appellant's father-in-law tried to contact the appellant over his cell phone, but his cell phone was switched off. Therefore, the appellant's sister, Smt.Kavita was again contacted over her cell-phone, and even this time, she only could reiterate that the appellant had not returned home. However, the appellant returned to the house of the parents-in-law at Hunnur alone at about 9:00 p.m. without the children. When enquired, he informed that he had taken the two children with him to Babaladi Mutt and he had to stop at Galgali because of a flat tyre. A vulcaniser at Galgali informed him that the tube had to be replaced. He instructed the vulcaniser to do the needful and went to a tea stall. He went to answer nature's call leaving behind the two children. The children were not to be found when he returned. He looked for the children late into the evening, but could not locate them.