APPANNA @ LAXMAIAH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the convicted accused in S.C. No. 111 of 2004 before the Fast Track Court -III at Hassan, is directed against the judgment of conviction and order of sentence dated 31.03.2005 passed in the said case convicting him for the offence punishable under Section 498A of IPC and sentencing him to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 2,000/ - for the said offence.

(2.) THE appellant was charge -sheeted by Gorur police for the offences punishable under Sections 498A and 302 of IPC alleging that the appellant/accused subjected his wife -deceased Kavitha to physical and mental cruelty and committed her murder on 17.04.2004 by assaulting her with a club, thereby committed the aforesaid offences.

(3.) THE learned Sessions Judge on appreciation of oral as well as documentary evidence, by the judgment under appeal though held that the prosecution has failed to establish the guilt of the accused for the offence punishable under Section 302 IPC, nevertheless held that the evidence on record established beyond reasonable doubt that the appellant subjected the deceased to mental and physical cruelty within the meaning of Clause (a) of Explanation to Section 498A of IPC. In that view of the matter, the learned Sessions Judge acquitted the appellant for the charge under Section 302 of IPC and convicted him for the offence punishable under Section 498A of IPC. Aggrieved by the said judgment of conviction, the accused is in appeal before this Court.