MARLINGAPPA S/O BASAVARAJ CHIKKABUDUR Vs. STATE

JUDGEMENT

(1.) The appellant herein was accused No.1 in Sessions Case No.35/2011 before the District and Sessions Judge at Yadgiri and his mother was accused No.2.

(2.) Deceased Shivamma and the present appellant got married about two years prior to 23.09.2010. They led harmonious marital life for some time and they had a male child together. Some time thereafter, it appears that the marital relationship ran into rough weather and it is suggested that it was on account of the suspicion of the appellant that deceased was developing interest in some other male person-who has remained unnamed during the trial and he was making accusation that she was ogling at some male person and deceased was reporting the same to her parents during her visits to the parental home mainly to the effect that the appellant and his mother who was accused No.2 were making said allegation and the appellant was beating her. The father of the deceased and accused No.2 were siblings and the appellant herein was first cousin of the deceased. On 23.09.2010 the appellant herein and his mother who was accused No.2 before the Court below took the deceased to their cotton field situated in Halgera village ostensibly for spraying pesticide to the standing cotton crops and later on that day the deceased Shivamma was found with fractures of both bones of her right leg and also in a state of poisoning with Anucron which is an organo phosphorus substance generally used as a pesticide for protecting agricultural crops from insects and pests. It is alleged that deceased died in the hospital while undergoing treatment on the night of the incident namely, 23.09.2010. The father of the deceased lodged the complaint; investigation was held; and, the appellant herein and his mother were charge sheeted for the offences punishable under Sections 498-A and 302 read with Section 34 of Indian Penal Code, 1860 ('IPC' for short).

(3.) After committal and by following necessary formalities, charges were framed by the learned District and Sessions Judge, Yadgiri and after affording requisite opportunity, trial was held before him. During the trial, PWs.1 to 17 were examined for the prosecution and Exs.P1 to P13 were marked. Mos.1 to 3 were also marked. Defence got marked Exs.D1 to D3. After closure of the evidence of the prosecution, the accused were examined by the learned Trial Judge under Section 313 of Cr.P.C. Defence did not examine any witnesses on their behalf. The learned Sessions Judge heard the rival sides and found the present appellant guilty of the offences punishable under Sections 498-A and 302 of IPC and accordingly convicted and sentenced him and acquitted his mother - accused No.2 by judgment dated 06.01.2012. It is against the said judgment of trial Court, the present appeal has been preferred.