SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant, who is accused in Sessions Case No.39/2016, in the Court of the learned IV Additional Sessions Judge, Vijayapura, (hereinafter referred to as 'the Sessions Judge's Court' for brevity), has in this appeal challenged the impugned judgment of conviction and order on sentence dtd. 30/12/2016, convicting him for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for brevity) and sentencing him accordingly.

(2.) The summary of the case of the prosecution in the Session's Judge's Court is that, the deceased Meenaxi is the wife of present accused Siddappa Sharanappa Samagaar and they were the residents of Tenihalli Village since seven to eight years prior to the incident. The accused was suspecting the illicit relationship of his wife Meenaxi with one Annappa Gurappa Namdar of the same Village. In this regard, on several occasions, both the accused and his wife had altercations, still, the deceased continued her illicit relationship with the said Annappa Gurappa Namdar. On the date 20/4/2015, in the night at about 11:30 p.m., the deceased Meenaxi and the accused, in a room in their house, had a quarrel about the alleged illicit relationship of Meenaxi with Annappa Namdar. In the said quarrel, the accused, with an intention to commit the murder of his wife, took a sugar cane cutting chopper (mentioned as 'koyata' in the evidence of the prosecution witnesses) and assaulted his wife Meenaxi several times on her left cheek, left ear, face, head and other parts of the body, thus inflicted multiple injuries upon her, to which multiple injuries, deceased Meenaxi succumbed to the same on the spot. Thus, the accused has committed the offence punishable under Sec. 302 of the IPC.

(3.) Since the accused pleaded not guilty, in order to prove the allegations made against the accused, the prosecution got examined in all twenty two (22) witnesses from PW-1 to PW-22, got marked documents from Exhibits P-1 to P-35 and Material Objects from MO-1 to MO-10.