RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the accused in S.C. No. 45/2008 on the file of learned Presiding Officer, Fast Track Court-I, Koppal, (hereinafter referred to as 'Trial Court' for short). The appellant-accused has challenged in this appeal legality and correctness of the impugned Judgment and Order of conviction dated 25.11.2009 passed in the said case convicting him for the offences punishable under Sections 498-A and 302 of I.P.C. Stated in brief, the case of the prosecution as alleged in Ex.P12 complaint, which is in the form of dying declaration made by the deceased Smt. Jyothi, the legally wedded wife of the appellant-accused herein is as under-

(2.) On the basis of the said complaint, PW14, P.S.I. registered a case in Crime No. 46/2008 of the said P.S. against the accused for the offences under Sections 498-A and 307 of I.P.C. and issued F.I.R. accordingly and dispatched the same to the jurisdictional Magistrate. After the death of the deceased, the P.S.I. got the accusation against the accused altered from the offence under Section 307 I.P.C. to the one under Section 302 of I.P.C. After completion of investigation, the C.P.I. submitted chargesheet against the accused for the offences under Sections 498A and 302 I.P.C. and the accused came to be tried by the Trial Court for the same.

(3.) On appreciation of the oral evidence of PWs1 to 15, the documents at Exs.P1 to 15 and M.O. Nos. 1 to 3, the Trial Court, by its impugned Judgment and Order, convicted the appellant-accused for both the said offences. Therefore, the accused has challenged the correctness of the same in this appeal.