MAIGA Vs. STATE

JUDGEMENT

(1.) This is an appeal from the decision of the learned Second Additional Sessions Judge, Bangalore, in SC. No. 3 of 1969 on the file of his court, wherein he convicted the appellant for the offence under S. 802 of IPC., and sentenced him for imprisonment for life.

(2.) The case of the prosecution was that the appellant murdered his wife Lingammma by stabbing her with the dagger (M.O. 7) on 29th November 1968 (Friday) at about 2 f M. in the land of Master Channappa (P.W. 15) in Somanahally village. The learned Sessions Judge, on the evidence adduced on behalf of the prosecution found that the offence charged has been established beyond reasonable doubt against the appellant and he convicted him of the same as mentioned earlier.

(3.) The only contention advanced on behalf of the appellant by Mr. Chandrasekhara Bharathi, the learned counsel who is defending the appellant as amicus curiae, was that although the appellant has admitted the commission of the offence, viz., causing the death of his wife Lingamma by stabbing her with the dagger (M.O. 7), prosecution evidence shows that the same was committed by the appellant as a result of grave and sudden provocation and therefore he is entitled to the benefit of Exception (1) of S. 300 IPC.