TIMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-accused No.1 challenging the legality and correctness of the judgment passed in S.C. No. 58/2014 dated 20.04.2017 by the learned First Additional District & Sessions Judge, Bagalkot sitting at Jamakhandi.

(2.) We have heard Sri K.L. Patil, learned counsel appearing for the appellant-accused and Sri V.M. Banakar, learned Addl. S.P.P. for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that the elder daughter of complainant was given in marriage to the appellant-accused about 12 years back. Out of the said wedlock she gave birth to 4 children and later she has undergone tubectomy operation and was staying in the parental house. It is alleged that, earlier for some days both husband and wife lived happily and thereafter the appellant-accused No.1 and the mother of accused No.1 started illtreating and harassing her both physically and mentally. Both were advised not to do so. But they did not heed to the request. 15 days prior to the alleged incident, the accused came to the house of the complainant and stayed there. When he was staying there he used to abuse the deceased and also used to torture her. On 06.02.2014 at about 6.30 p.m. the complainant, his wife, children and others had been to the house of their relative for attending birthday party. The accused, deceased and their daughter Vidya were there in the house. At about 7.30 p.m. PW7 Nagesh made a phone call and informed that husband of his sister, i.e., Thimmappa had assaulted his sister on her head and she has sustained bleeding injuries. Immediately she was shifted to Bhadrannavar hospital and she was not in a condition to speak. On enquiry by the complainant to his son PW7, he told that after completion of the birthday party they were coming near the house, at that time daughter of his sister-Vidya came out of the house, weeping. In the meantime, husband of his sister came out of the house and when the complainant questioned him, he told that nothing has happened and saying so he ran away. Later he entered the house and found his sister Madevi lying in the pool of blood. Immediately she was taken to the hospital but the Doctor advised to take her to the hospital at Jamakhandi. As per the advise, she was taken to Jamakhandi in an ambulance. At about 9.45 she died in the Government Hospital, Jamakhandi. Subsequently, a complaint was registered by the father of the deceased. On the basis of the complaint a case was registered by the Pol ice in Crime No. 23/2014 and took the case for investigation. After the investigation charge sheet came to be fi led.