STATE Vs. C S UDAIAH @ MANDAIAHMUKUNDA

JUDGEMENT

(1.) The State has filed this appeal against the judgment and order of acquittal passed by the Fast Track Court-VIII, Bangalore City, in S.C.No.455/2005. The respondent-accused was tried and acquitted for the offence under Section 302 of IPC.

(2.) The case of the prosecution in brief is that, the deceased Smt.Radha, is the wife of the accused; both of them were residing together in Achari Building, 100 feet Road, 6th Cross, Behind Manjunatha Hotel, Chokkasandra, T.Dasarahalli, Bangalore-560 057, wherein the incident has taken place. The accused used to go to the house fully drunk everyday and pick up quarrel with his wife Smt.Radha; he was neglecting the family and was not providing provisions for his wife to cook food and the deceased used to in turn quarrel with her husband, the accused. On 04.12.2004 between 10.30 a.m. and 11.00 a.m. the accused picked up quarrel with his wife Smt.Radha in the matrimonial house and committed her murder by assaulting her with chopper on her head and other parts of the body. Though the deceased was shifted to the Hospial, she was declared dead.

(3.) The complaint came to be lodged by PW1 the neighbour of the accused and the deceased as per Ex.P1 at about 1.30 p.m. on the date of the incident i.e., on 04.12.2004 before PW16 Police Inspector attached to Peenya Police Station, who in turn registered Crime No.351/2004 for the offence under Section 302 of IPC. He sent FIR to the jurisdictional Magistrate as required in law. PW16 took up investigation thereafter and laid charge sheet against the accused for the offence under Section 302 of IPC.