VEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 30.7.2011 passed by the Fast Track Judge, Ranebennur in S.C.No.38/2008, convicting the accused/appellant for the offence under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default to pay fine amount to undergo further simple imprisonment for a period of one year with a direction to give set-off for the period of imprisonment already undergone by him under Section 428 of Cr.P.C.

(2.) IT is the case of the prosecution that on 1.6.2008 at about 9.40 a.m. the accused being the husband of the deceased Basamma has assaulted her by means of a knife when she was in the house and committed her murder by causing injuries on her chest, stomach, back and other parts of her body thereby he is alleged to have been committed an offence under Section 302 of IPC.

(3.) LEARNED Counsel also submitted in the alternative that even if the prosecution case is believed, the act committed by the accused does not come within the definition of Section 302 IPC since all the witnesses have stated that the accused was quarrelling with the deceased right from the morning on the date of incident and that out of the sudden provocation he might have assaulted the deceased and he submits that there is no intention to commit the murder of the deceased. Therefore, he submits that the act comes within the definition of Section 304 Part I of IPC and prays that the offence may be reduced to 304 Part I of IPC and the sentence may be reduced to the period already undergone in view of the fact that the appellant is in custody from 2.6.2008 i.e., from the date of his arrest.