BABU Vs. STATE BY BASAVANAHALLI POLICE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offences punishable under Sections 498A and 307 of IPC on a trial held by the Fast Track Court, Chikmagalur in S.C.NO.90/2003.

(2.) The facts relevant for the purpose of this appeal are as under: PW.5-Manjula, the Injured is the wife of the appellant -accused and their marriage was held about 14 years prior to the incident. They have two daughters and a son through the wed lock. There was a fixed deposit in the name of PW.5 Manjula and also a site at Mysore in her name given by her parents. The appellant was ill-treating his wife Manjula for about six months prior to the date of the incident insisting her to transfer the amount in Fixed deposit in his name and also to sell the site to purchase a lorry for him. PW.5 was opposing the same and it is under these circumstances she was subjected to cruelty and harassment and therefore she approached family counseling center at Vijayapura. The proceedings before the counsel center is pending.

(3.) It is on 17.5.2003 that the members of the family counseling center advised PW.5 Manjula to bring Fixed Deposit receipt and she had brought the xerox copies and at about 12.00 noon when they were in the counseling center, the appellant insisted her to bring the other fixed deposit receipt and he went out at 12.45 p.m saying that he will bring the xerox copies of the new fixed deposit. He returned to the counseling center armed with a long sword and at once he started assaulting PW.5 with the sword on her head, hand, back and went away with the sword. PW.5 fell down unconscious and she was shifted to Government Hospital, Chikmagalur for treatment. On the same day at about 2.00 p.m., the appellant surrendered before the Basavanahalli police along with the sword and informed about the assault made by him on his wife. He also produced the sword before the police officers. In the meanwhile, PW.4 a counseling member submitted a complaint about this incident to the police and it is thereafter that the said complaint was registered in Crime No. 55/2003 for the offence punishable under Section 307 IPC. Thereafter PW.10-the Investigating Officer held investigation and recorded the statement of PW.5 and other witnesses; held spot mahazar as per Ex.P.11 in the presence of PW.9; secured PW.6-a photographer obtained photographs as per Ex.P.4 to P.7 and Ex.P.8 (negative); M.O.1 sword, M.Os.7 and 8 being the cloths of the appellant were seized in the presence of PW.7 under mahazar Ex.P.9, whereas clothes on the body of the injured were seized under the mahazar Ex.P. 10 in the presence of PW.8. The injury certificate was collected and on completion of the investigation charge sheet came to be filed against the appellant for the offences punishable under Section 498A and 307 IPC.