ANAND CHANDRASHEKHAR KARAJINAGI Vs. STATE

JUDGEMENT

(1.) The appellant/accused has preferred this appeal challenging the legality and correctness of the judgment and order dated 14.2.2011, passed in S.C.No.247/2010, by the Addl. Sessions Judge and the Presiding Officer, Fast Track Court, Hukkeri, convicting him for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo rigorous imprisonment for one year.

(2.) The brief facts of the case are as under:

(3.) It is the case of the prosecution that the deceased Laxmi is the daughter of PW.1. She had been given in marriage to the accused on 29.11.2009. After the marriage the deceased was living with the accused in the marital house situated at Badiger Galli in Yamakanamaradi village. They led a cordial marital life for about 2-3 months. It is further the case of the prosecution, the accused has a brother by name Raghavendra who is sited as CW.17 and not examined in the case. He was closely acquainted with the deceased. It is the case of the prosecution, the deceased in due course of time conceived and was carrying. The accused suspected the chastity of his wife on the ground that she is in illicit connection with his brother CW.17. In that connection all was not well between the accused and the deceased. Therefore the deceased had been sent back to her parents house at Madihalli village. There at that time PW.1 was informed that her daughter's character is not good and therefore they have brought the deceased and are leaving in his house. Thereafter PW.1 took steps to convene a panchayat comprising of the wel l-wishers from both sides and took back the deceased to her marital home and left her there. It is the prosecution case, thereafter again the deceased came back to the house of her parents and complained to her parents that the accused suspecting her fidelity is harassing her. Again PW.1 took steps to send back his daughter to the marital home after advising both accused and deceased. Despite the same, the accused continued suspecting the fidelity of his wife. This was informed by the deceased to her parents on phone on 1.5.2010.