MALEYALI SATHYAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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, Virajpet.

(2.) The facts reveal that the appellant is the husband of PW3 - Sudha, PW4 Shantakumari is the sister of PW3 and wife of PW1 - Hussain. The appellant was suspecting the fidelity of his wife and on the date of incident, when he saw Rakesh (deceased) in his house, there was quarrel amongst Rakesh and the appellant. Rakesh is said to have sat on the chest of appellant and the appellant after overpowering him said to have took out an iron rod and assaulted Rakesh on his head and Rakesh sustained severe injuries. Appellant and others shifted injured to the hospital. During the treatment, he succumbed to the injuries in Mission Hospital, Mysore. The chargesheet was filed for the offence punishable under Section 302 IPC and the Trial Court after recording the evidence and on appreciation of the material on record has convicted him for the offence under Section 304 Part II IPC and ordered him to undergo imprisonment for 3 years and pay fine of Rs.10,000/-. Aggrieved by the conviction and sentence, the present appeal has been filed.

(3.) I have heard learned Counsel for the appellant and learned High Court Government Pleader.