SADASHIVA Vs. STATE

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of both the counsel, it is taken up for final disposal.

(2.) The appellant has challenged his conviction and sentence for the offence punishable under Section 304 Part II IPC on a trial held by Fast Track Court, Hassan.

(3.) The facts reveal that the appellant is the brother of PW2 Shekar. Gunavathi (deceased) is the wife of PW2 Shekar and sister-in-law of accused. On 27.09.2011 at about 8.00 a.m., PW2 had gone to a nearby village for carpentry work. Gunavathi, the wife of PW2 was alone in the house. The prosecution alleges that on the date of incident at the relevant time, the appellant quarreled with Gunvathi, his brother's wife as she had made an allegation against him that he is having illicit affair with his mother and after quarrel, he is said to have took a club and assaulted the deceased, who fell down and died at the spot. The fact of this incident was informed to PW2 Shekar by PW3 - Praveen who was playing cricket in the playground near the house, said to have gone to the house of deceased after hearing the cry. On information of this incident, PW2 returned to the village, saw the dead body of his wife and the presence of appellant at the place of incident and then approached the police and submitted a complaint (Ex.P2) which came to be registered in Crime No.168/2011 for the offence under Section 302 IPC.