A VASANTH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AND Associates for Appellant; This appeal is by the accused being aggrieved of the Judgment of conviction and sentence passed in S. C. No. 52/94 by the learned Additional District and Sessions Judge, Chickmagalur dated 11-11-1997 convicting the accused for the offence under S. 306 IPC sentencing him to undergo S. I. for a period of 4 years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for 3 months.

(2.) THE case of the prosecution in brief is as follows : the accused Vasanth Kumar was working as a writer in Gavanahalli Nanda Kumar Slate Frame Cutting Saw Mill, whereas the deceased Shanthi was also working as a labourer therein and she was residing with her parents and a child by name Asha. The accused developed intimacy with the deceased and she gave birth to a child and both were residing at Rampura, which is by the side of Gavanalli. In the meanwhile, the accused secured a Government job at Bantwal and visiting the house of the deceased frequently. It is further alleged that the accused started neglecting the deceased and was making efforts to marry another girl. On account of the attitude of the accused, it is alleged that on 14-4-1994, the deceased Shanthi consumed poison and also administered poison to both her children. Immediately, Shanthi was shifted to the Government hospital by the accused and admitted. The accused lodged a complaint as per Ext. P. 13 with the Town Police, Chickmagalur, and a case was registered against Shanthi for the offence under S. 307 and 309 IPC on 14-4-1994. In the meanwhile, P. W. 8 visited the hospital with a requisition to the doctor to record the statement of Shanthi. He recorded the statement of Shanthi on 16-4-1994 in the presence of the doctor PW 2, Sundar and returned to the Police Station. On 17-4-1994, he received the death intimation of Shanthi as per Ext. P. 17. Accordingly, he conducted the inquest proceedings as per Ext. P. 18 in the presence of panch witnesses and also recorded the statements of Rangashetty, Smt. Leela, Krisdhna and H. H. Narayana. On 19-4-1994, he registered a case against the accused in Crime No. 121/94 for the offence under S. 306 IPC and issued FIR as per Ext. P. 19 and after completion of the investigation, filed charge-sheet.

(3.) THE learned Sessions Judge secured the presence of the accused and framed charges for the offence under S. 306 IPC. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined P. Ws. 1 to 8, produced Exts. P. 1 to P. 20. The defence is one of total denial. The statement of the accused was recorded under S. 313 Cr. P. C. Though an opportunity was provided, the accused did not choose to lead any defence evidence. The learned Sessions Judge,relying on the evidence of P. W. 2, Dr. Sundar and the dying declaration of the deceased recorded by P. W. 8, Nagesh Shetty, PSI convicted the accused for the offence under S. 306 IPC sentencing him to undergo S. I. for a period of 4 years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo simple imprisonment for 3 months. It is this judgment of conviction and sentence, which is now questioned by the accused in the present appeal.