SHIVAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 8.3.2006 passed by the Principal Sessions Judge, Shimoga in S.C.No.75/2005, convicting the appellant for the offences under Section 498-A and 306 of IPC and sentencing him to undergo R.I. for a period of two years and to pay a fine of Rs. 1,000/- in default to suffer R.I. for another period of two months for an offence under Section 498-A of IPC and R.I. for seven years and to pay a fine of Rs. 2,000/- in default to suffer R.I. for another period of six months for an offence under Section 306 of IPC

(2.) It is the case of the prosecution that the appellant being the husband of deceased Shobha has subjected the deceased to mental and physical cruelty and the cruelty meted out to her was of such a nature as to drive her to commit suicide and thereby he is alleged to have committed an offence under Section 498-A of IPC. It is the further case of the prosecution that on 5.2.2005 at about 11 p.m. being unable to bear the physical and mental cruelty meted out to her by the appellant, Shobha poured kerosene on herself and set herself on fire in Jayanthi Village of Shimoga Taluk and she succumbed to the burn injuries suffered by her on 6.2.2005 at about 6.30 a.m. and thereby the accused is alleged to have abetted the commission of suicide by the deceased Shobha due to the physical and mental cruelty meted out by him to her and thereby he is alleged to have committed an offence under Section 306 of IPC.

(3.) The prosecution in order to prove the offence against the accused has examined in all 15 witnesses, got marked Exs.P1 to P20 and produced MOs.1 and 2. 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 aforesaid.