VITTAL JADAV Vs. STATE BY BRAHMAVA POLICE STATION

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 28.6.2006 passed by the learned Sessions Judge, Udupi in S.C. No. 26/05 convicting the appellant/accused for the offence punishable under Section 302, IPC and sentencing him to undergo imprisonment for life and also to pay fine of 5,000/- for the said offence.

(2.) THE appellant was charge sheeted by PW. 10-Vidyashankar, the Circle Inspector of Police, Brahmavar Circle, Udupi, for the offence punishable under Section 302, IPC inter alia alleging that on 7.3.2004 at about 1.30 p.m. the accused suspecting the fidelity of his wife Jayashree, assaulted her with iron rod on her head and other parts of the body as a result of which she sustained severe injuries, to which she later succumbed on 24.3.2004 while taking treatment in Wen Lock Hospital at Mangalore.

(3.) THE defence of the accused was one of total denial and that of false implication. His further defence, as could be seen from the suggestion put to the prosecution witness in the cross-examination and also his assertion during the examination under Section 313, Cr.P.C. was that on 7.3.2004 when he returned to the house after purchasing vegetables in the shandi (sic) he saw his wife deceased Jayashree and one Ravi, friend of his son PW-4-Mahesh talking very intimately and on seeing this when he questioned the said Ravi, the said Ravi tried to assault him and at that time, the deceased intervened as a result the blow fell on her as such she sustained injuries and the said Ravi escaped from the place. Thus according to the accused he was not responsible for the death of the deceased.