SRI RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant -accused has filed this appeal against judgment of conviction for an offence punishable under Section 302 I.P.C.

(2.) WE have heard Sri. T.K. Mohan Das, learned counsel for accused and Sri. N.S. Sampangiramaiah, learned Government Pleader for the State.

(3.) BEFORE the marriage, the deceased and P.W. 2 -Gowramma had fallen in love. Their marriage was performed on 5.12.2002. P.W. 2 had given birth to a female child, The accused was harassing and ill -treating her to bring dowry from her parental house. On 20.9.2004, P.W. 2 lodged a first Information against the accused, which was registered in Crime No. 226/2004 against deceased for offences punishable under Sections 498A, 506 and 114 I.P.C., by Channapattana Rural police. In connection with the said crime, the deceased was arrested and later he was released on bail. Thereafter, the deceased was living in the house of his parents in Channapattana town. P.W. 2 was living along with her child in her parental house in Appagere Village. The accused who is the elder brother of P.W. 2 had grudge against the deceased since he had harassed and abandoned P.W. 2, who in fact had married the deceased against the wishes of her parents.