SHIVAMURTHY @ MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 15.02.2012 passed by the District and Sessions Judge, Chamarajanagar in SC No. 60/2010 convicting the appellant for the offence under Section 307 of IPC and sentencing him to undergo imprisonment for a period of eight years and to pay fine of Rs. 50,000/ -, in default, to suffer further imprisonment for a period of five months.

(2.) IT is the case of the prosecution that, on 03.04.2010 at about 9.05 a.m. near Shree Veerabhadreshwara temple in Chamarajanagar town, the appellant with an intention of murdering his wife -Ambika pierced her with a knife on her chest, near right ear and on her back with such an intention and knowledge and under such circumstances and by such an act, if he had caused the death of Ambika, he would have been guilty of murder, therefore, he is alleged to have committed an offence under Section 307 of IPC. The prosecution in order to prove the case against the appellant, has examined in all nine witnesses as PW. 1 to 9 and marked seven documents as Ex.P1 to Ex.P7 and produced MO1 to 4. The defence of the accused was one of total denial. However, by the impugned Judgment, the learned Sessions Judge was pleased to convict the appellant and sentenced him as aforestated.

(3.) IT is stated in the complaint that on 03.04.2010, she got down from the bus in the Chamarajanagar bus stand and was going towards the Deputy Commissioner's office for work. Her husband who was walking alongwith her told her that she has not changed herself. She informed him not to speak about this issue at that place and requested him to come to her house in the village for the said purpose. It was about 9.05 a.m. She was going near Veerabhadreshwara temple in Chamarajanagar. At that time her husband held her tuft and by saying that she is not listening to his advice and that if she were to be alive, she should listen to his advice. When she did not listen to him, he told that, she should not be alive and so saying he took out a knife and stabbed on her chest and also on her stomach and made her to fall down. He also assaulted on her back even when she was requesting him not to assault. She sustained injuries on both her hands. When she screamed loudly, police who was going on the road, came near her and held her husband and she was shifted in an auto to the hospital after securing a women constable. It is stated in the complaint that, by saying that she is having illicit relationship with another person and that she is not changing and that she is not listening to his advice for not coming to the town, he has assaulted herwith an intention to commit her murder. Hence, she has prayed for action against the accused person. Before recording the statement of the complainant, PW.7 had sought the opinion of the Doctor regarding the fitness of Ambika to give statement.