HARISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Yet another appeal which requires remand for the legal errors committed by the learned Sessions Judge as well as learned Public Prosecutor while conducting the proceedings/trial.

(2.) Accused No.1, who is the husband of the deceased has filed the present criminal appeal against the impugned judgment of conviction and order of sentence dated 17th May, 2016 made in S.C.No.5010/2015 on the file of the IV Additional District and Sessions Judge, Madhugiri convicting him for the offences punishable under Sections 498A and 302 of the Indian Penal Code (for short, hereinafter referred to as 'the Act') and acquitting accused Nos.2 to 4 for the said offences.

(3.) It is the case of the prosecution that the deceased - Gayathri and accused No.1 were married about three years prior to the incident and the deceased was residing along with accused Nos.1 to 4 in the house of accused No.3 at Yelahanka, Bangalore North Taluk. After the marriage, accused No.1 was suspecting the fidelity of his wife - Gayathri and used to harass her physically and mentally. On 2.9.2014 when deceased-Gayathri, her husband - accused No.1 and others had come to the house of C.W.5 -P.W.5 - Venkateshappa for Gowri Festival and on that night at 11.45 p.m., accused No.1 suspecting that the deceased was having illicit relationship with somebody, stabbed her on the left side of the chest, stomach and right arm with a knife and killed her. P.W.3 - Susheelamma - mother of the deceased Gayathri lodged a complaint to the jurisdictional police on the basis of which, a case in Crime No.242/2014 came to be registered against accused Nos.1 to 4 for the offences punishable under Sections 498A and 302 r/w 34 of IPC and after investigation, a charge sheet was filed for the said offences against the accused persons.