MUNISWAMY POOJARI Vs. STATE

JUDGEMENT

(1.) This appeal is by the convicted accused against the judgment and order of conviction passed by Fast Track Court-III, Bangalore Rural District, Bangalore in S.C.No.249/2004. The appellant/accused is tried and convicted for the offence punishable under Section 302 of IPC.

(2.) The case of the prosecution in brief is that accused is the husband of deceased Ammakanni. They were residing at Gubegudda slum of weavers' colony within Bannerghatta police station limits. PW-1 is the daughter born out of the wedlock between the accused and deceased, whereas PW-7 is the daughter born to the second wife of the accused. The accused used to suspect the fidelity of his wife/deceased. In the morning of 19.4.2004, when the accused and his wife were digging the foundation for their house at Gubbegudda slum, at little distance form their residence, Ammakanni was seeing the persons walking on the road. She did not listen to the call of the accused. Hence, the accused in order to kill her, assaulted her with iron crowbar on her head which resulted in fatal head injury and her instantaneous death. It is the case of the prosecution that PW-2 and 3 have witnessed the incident in question. PW-3 is the husband of sister of deceased. PW-1 had come to the house of the accused and deceased just five days prior to the incident for the purpose of delivery of a baby alongwith her husband PW-8. Immediately after the incident, accused came back to the house and confessed before PW-1 that he had murdered the deceased. Thereafter PW-1 went to the spot and saw the deadbody. The neighbours gathered on the spot. Even message was sent to Bannerghatta police station. PSI(PW-12) having received the message came and saw the deadbody of the deceased. PW-1 gave complaint on the spot at Ex-P1 to PW-12, who returned to the police station and registered the case against the accused in Cr.No.56/2004 and sent FIR Ex-P7 to the Court. After due investigation, police laid the charge-sheet.

(3.) Since accused did not plead guilty and claimed to be tried, he was tried for the offence under Section 302 of IPC.