B.M.NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred to as 'accused') was tried, convicted and sentenced for an offence punishable under section 307 IPC on the allegation that on 17.03.2005 at about 10.30 a.m., near back gate of a house bearing No.19/1 in a lane situate on 4th Main Road, Nehru Nagar, near Gopalakrishna Provision Store of South Park Road, within the limits of Sheshadripuram Police Station at Bangalore, accused assaulted his wife (PW2 -Varalakshmi) with a chopper with such intention and knowledge by such act if he had caused death of PW2, he would have been held guilty of an offence punishable under section 302 IPC and thereby committed an offence punishable under section 307 IPC. The learned trial Judge has sentenced accused to undergo rigorous imprisonment for seven years and pay fine of Rs.5,000/ -, in default to undergo simple imprisonment for a period of two years for an offence punishable under section 307 IPC.

(2.) IN this appeal against judgment of conviction, the following points would arise for determination: -

(3.) BEFORE adverting to appreciation of evidence, it is necessary to state certain facts which are not in dispute: - The accused is the husband of PW2 -Varalakshmi. The marriage of accused and PW2 was performed on 15.05.1994. The accused and PW2 had two children by their marriage.