R. ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused in S.C.127/2011 on the file of XLV Additional City Civil and Sessions Judge, CCH46, Bengaluru City. The accused has stood convicted for the offences punishable under sections 498A and 306 of IPC and been sentenced to undergo simple imprisonment for a period of three years and pay fine of Rs.500/- with a default sentence period of three months for the offence under section 498A IPC and rigorous imprisonment for a period of five years and pay fine of Rs.1,000/- with a default sentence period of six months in relation to offence under section 306 IPC.

(2.) Briefly stated the prosecution case is that the marriage between the accused and Radha was solemnized on 23.10.2005. They were living in a house in Murugeshapalya. She gave birth to two children. The allegation is that the accused developed illicit contact with a woman by name Padma and his wife Radha, having come to know about it took objection. This resulted in accused harassing his wife physically and mentally. On 18.9.2010, at about 11.00 AM, Radha consumed poison and died in the hospital at about 7.35 PM on the same day.

(3.) The prosecution, in order to establish its case, examined 13 witnesses, PWs 1 to 13 and produced 8 documents Exs. P1 to P8. Having assessed the evidence, the trial court arrived at a conclusion that the prosecution could prove its case beyond reasonable doubt. It has believed the testimonies of PWs1, 5, to 8. It appears that the trial court has referred to the statement of Padma, given by her under Section 161 Cr.P.C. even though she was not examined as a witness.