STATE OF KARNATAKA Vs. KUMARA @ SHIVAKUMAR

JUDGEMENT

(1.) State has filed this appeal challenging the legality and correctness of the judgment of acquittal passed by the Sessions Judge, Fast Track Court, Mandya dated 31/5/2007 in SC No.126/2004 wherein the respondent was tried for the offences punishable under Secs.302 & 506 of IPC and the Sessions Court has found him guilty of the offence punishable under Sec.304-II of IPC..

(2.) It is the case of the prosecution that the appellant had married the deceased Bhagyamma six years prior to the date of occurrence and they had two children. The relationship between the respondent and the deceased Bhagyamma was cordial. Respondent had sent his wife and her children to his in-laws house i.e., the house of PW-5 Kariyappa and PW-6 Jayamma situated at Basavanapura village in Malavalli Taluk for Ugadi festival. Even after 4 days of the festival since deceased Bhagyamma had not returned to her matrimonial home in order to bring her back to his house on 6.5.2004 at about 10 a.m. respondent went to his in-laws place, at that point of time PW-5 his father-in-law was busy in connection with putting mulberry leaves to silk-worm and deceased Bhagyamma gave a cup of coffee and thereafter respondent asked his wife to accompany him to his native place for which deceased said that she would stay for 4-5 days and return to matrimonial home thereafter. Enraged by the same, he gave a fist blow on her chest, as a result of which she fell on the floor. Being not satisfied with the blow given by him, respondent trampled the neck portion of the deceased with his leg and caused blunt injuries to her. Immediately, father-in-law of the respondent PW-5, neighbours PWs-7 & 8 intervened and pacified and rescued the deceased. Parents of the deceased PW-5 & 6 took the deceased to Govt. Hospital, Malavalli and on the advise of the doctor of Malavalli she was taken to JSS Hospital, Mysore as no beds were there, she was taken to Holdsworth Memorial Hospital, Mysore known as Mission Hospital, Mysore. She succumbed to the injuries on 12.5.2004 at Mission Hospital, Mysore. In the mean time, on 7.5.2004 at about 2 p.m. afternoon PW-5 lodged a complaint before PW-5 A.S.I. on the basis of which he registered a case in Cr.No.51/2004 for the offence punishable under Sec.323 & 506 of IPC and issued FIR as per Ex.P-11 and the same reached the Magistrate on 8.5.2004 at 3-35 p.m.. On the death of Bhagyamma, case was registered for the offence punishable under Sec.302 of IPC.. On completion of the investigation final report was filed.

(3.) We have heard Mr.Sampangiramaiah, HCGP for the State and Mr.M.S.Rajendra Prasad, learned senior counsel appearing for the respondent.