SURYAKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant-accused being aggrieved of the conviction and sentence passed in S. C. No. 63/89 by the Additional Sessions Judge, bidar for the offence under Section 306 IPC sentencing him to undergo R I for a period of 3 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo R I for a further period of 6 months has come up with this appeal.

(2.) THE case of the prosecution in brief are as follows: the deceased Sangamma was staying with her mother P. W. 1, bakkamma at Mustari village as the husband had deserted her. On 22. 6. 1988, the deceased Sangamma committed suicide by jumping into the well situated in the garden land of one Gunderao Kulkarni in Mustari village as the accused attempted to outrage her modesty 8 day prior to that date P W 1, Bakkamma proceeded to Chituguppa police Station and lodged a complaint on 23. 6. 1988 as per Ext. P. 1 with P. W. 12, Prabhudas. A case was registered in Crime No 52/88 for the offence under Section 306 IPC. The police proceeded to the spot, the dead body was removed and an inquest mahazar was held as per Ext. P. 5. The post mortem was conducted and after completion of the investigation, a charge sheet has been filed against the accused for the offence under Section 306 r/w 354 IPC. The presence of the accused was secured. Charges were framed for the offence under Section 306 r/w 354 IPC. The accused pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined in all 13 witnesses as P. Ws 1 to 13, marked Exts. P. 1 to P. 8 and produced M Os I to 5. The statement of the accused under Section 313 Cr P. C. was recorded. The accused did not choose to lead any evidence. The learned sessions Judge found the accused guilty of the offence under Section 306 IPC and after hearing the accused sentenced him to undergo R i for a period of 3 years and to pay a fine of Rs 2,000/- and in default of payment of fine, to undergo R I for a further period of 6 months. It is this judgment of conviction and sentence which is now questioned in the present appeal.