VITTHAL SANGAPPA KUMBAR Vs. KOLHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and order of sentence passed by the learned II Additional District and Sessions Judge, Bagalkot, (herein after referred to as the 'trial Court'), in Sessions Case No.1/2013 dated 26.08.2016, wherein the appellant-accused has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 of IPC and to pay fine of Rs.5,000/- with default clause.

(2.) We have heard the learned counsel Sri. Neelendra Gunde, for the appellant and the learned Additional S.P.P. Sri V.M. Banakar for the respondent- State.

(3.) The genesis of the case of the prosecution in brief is that the complainant is the father of the deceased. He got married his daughter Shivaleela to the accused when she was a minor and therefore, the deceased used to stay with her parents. When she attained the age of majority, accused was asked to take her to the matrimonial home and at that time, the accused told the complainant and his family members that he will take her to the matrimonial home only after he getting the job as he is about to get the Government job. Subsequently, accused was selected as a police constable and joined for his duties. Even then the accused did not took the deceased, when the complainant asked the accused, he told that after completing the training period he will come and take her. Thereafter, the accused was posted for training at Bellary. It is further alleged in the complaint that the accused applied for leave on 2/9/2012 and came to Kolhar. On 3/9/2012 evening, he came to the village of the complainant and stayed in their farm house. It is further alleged that the deceased Shivaleela had joined the tailoring class and she used to go to the class at about 9.00 O'clock and as usual on 4/9/2012, morning at about 9.00 O'clock, she left to Bilagi. Accused also accompanied the deceased by saying that he will also go with her to Bilagi and from there he will go to Kolhar.