M YELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused-appellant has challenged his conviction for the offence under Section 302, IPC and sentence for life imprisonment for having committed murder of his wife Parvathi on the night of 28/29-1-1990 in his house by assaulting her with a grinding stone, throttling and also pressing her neck with a spoon.

(2.) Briefly stated the prosecution case is that the accused was not treating his deceased wife well. There used to be earlier ill-treatment and it was his mother-in-law P.W. 2 who had made arrangement for his residence by taking a house on rent near her own house. The accused was a tailor by profession but round about the time of this incident he had not work at all. On the night of this incident the accused and the deceased with their child took food and both of them slept. At about mid-night time he committed the murder of his wife by assaulting as stated above and went to Kempegowdanagar Police Station and made a confessional statement before the Sub-Inspector of Police - P.W. 11. It was 1.50 a.m. of 29-1-1990. The information was treated as the first information report in which he stated thus : I am residing in the address given above. My native place is Bangalore town, Kattaraguppa. I was married to Parvathi five years ago and have a child of four years by name Gayathri. After marriage for about two years both of us stayed in my father's house. Because my wife could not adjust herself with the wife of my elder brother we took our own house near my father-in-law's house. I had paid Rs. 3000/- as advance for it. The rents however have been paid by my parents-in-law. I studied only upto 6th class whereas my wife had studied upto SSLC. My wife used to tell me that her elder brother will get a job for me. I did not agree to it. In one way or the other there used to be exchange of words between us.

(3.) With this obsessed mind I had left the house for 9 months. When I was near my elder sister's house near Madhure my father brought me back and left with my wife. Soon after, I left my house for three months for working in the land of one Venkatarayappa of Chetsalpelli in Andhra Pradesh. Three months ago I came back to my house and there used to be galata between me and my wife.