SHIVAMURTHY, S/O GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 09.03.2010 passed by the II Additional District and Sessions Judge, Davanagere in SC No.78/2009 convicting the appellant for the offence under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. .5,000/-, in default to undergo rigorous imprisonment for one year for the said offence.

(2.) The undisputed facts of this case is that, the deceased is the wife of the accused. Their marriage took place about 15 years prior to the date of the incident and their marriage was an inter-caste marriage. Both of them loved each other and had married. Out of the said wed lock, two children by name Manikanta and Parameshi were born. Accused was not having proper house.

(3.) It is the case of the prosecution that, on 05.04.2009 at about 2.00 a.m, in their house situated at 5th Cross, Halechikkanahalli, Davanagere, accused being the husband of the deceased committed murder of the deceased by assaulting on her neck with an axe and caused her death, thereby he is alleged to have committed an offence under Section 302 of IPC.