DEVAPPA YALLAPPA SUNAGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant accused is before this Court seeking intervention in the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge, Haveri in S.C. No.13/2013 dated 25.10.2014.

(2.) We have heard the learned counsel Sri.T.Hanumareddy and the learned Additional S.P.P. Sri.V.M.Banakar for the respondent State.

(3.) The factual matrix of the case are that the accused is none other than the own brother of mother of the complainant. His marriage was performed with P.W.5 Kamalavva. For sometime, the accused looked after his wife very well. Thereafter, he started ill-treating and harassing, both mentally and physically by suspecting the fidelity of his wife Kamalavva. In that light, in the intervening night on 20.10.2012 and 21.10.2012, accused harassed his wife and subjected her to cruelty both physically and mentally. Because of the said harassment, Kamalavva informed the said fact over the phone to her mother Seetavva (deceased) on 21.10.2012 at about 06:00 a.m. Immediately, the deceased along with other elders came and advised the accused. He did not heed to the said advise and at that time, the deceased sent away Kamalavva and her son on the motorcycle. Accused with anger chased them by holding the club. As he was unable to catch them, immediately he returned back and as the deceased was sitting on a katta and as it was she who supported his wife to leave the place, the accused assaulted her forcibly with the club on her head. Due to which she fell down and became unconscious and subsequently she died in KIMS Hospital at about 02:20 p.m. On the basis of the complaint, a case was registered in Crime No.66/2012. Thereafter, after investigation, the charge sheet was laid against the accused.