ESWARAPPA ALIAS DOOPADA ESWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment of conviction dated 11th april, 2001 passed by the learned Additional Sessions Judge, Shimoga, in Session Case No. 114 of 1996 convicting the accused/appellant for the offence punishable under Section 302 of the IPC and sentencing him to undergo imprisonment for life and fine of Rs. 500/- with default sentence.

(2.) THE brief facts as per the prosecution case are as follows. The accused Eswarappa alias Doopada Eswarappa and the deceased were married 3 years prior to the incident and staying at Kuppagadde village in Sorab Taluk. According to the prosecution on 18-5-1996 during the night time the accused strangulated his wife-Lalitha in the house and thereafter hanged her dead body with a plastic wire to the roof and as such has been charged for the offence punishable under section 302 of the IPC. In this regard the accusation of the prosecution is that the accused was treating the deceased with cruelty to secure gold chain, cycle etc. , from her parents as well as suspecting her of committing theft of rice from his house and selling it to others. On 19-5-1996 as per the evidence of the prosecution the villagers contacted the Anavatti police on phone and informed as to the death of Lalitha by hanging and suspecting the hand of the accused in the death. On receipt of this phone, P. W. 20-Rathnakara, P. S. I, along with a Constable goes to the village wherein he finds Vasudeva Naika-the father of the deceased person and who presented a written complaint/first information as per ex. P. 10. This complaint is sent to the jurisdictional Police by P. W. 20 and on receipt of the same P. W. 15-the A. S. I. , registered a case in Crime no. 35 of 1996 for the offence punishable under Sections 302, 304-B and 201, IPC, against the accused and investigation is taken up.

(3.) DURING the investigation, all the necessary mahazars and proceedings including inquest, spot mahazar are drawn in the presence of the witnesses and the relatives, photographs of the dead body as per Exs. P. 5 to P. 5 (c) are taken, body is sent for autopsy, statements of various witnesses are recorded. After completion of the investigation and on receipt of the records and reports, accused is charged for the offences punishable under Sections 302 and 498-A of the IPC.