(1.) The Appellant is before this Court on appeal challenging the order of conviction and sentence passed by the III Additional District and Sessions Judge, Ballari (sitting at Hosapete) in Sessions Case No.5031/2017 dtd. 3/12/2019.
(2.) By way of the order of conviction, the Appellant was found guilty of an offence punishable under Sec. 302 of IPC, and by way of order of sentence, the Appellant was sentenced to capital punishment of death penalty for the offence under Sec. 302 of IPC and directed him to be hung till death. In terms of Sec. 366 of Cr.P.C. the matter is submitted to this Court for confirmation of sentence.
(3.) The case of the prosecution is that the Appellant had married deceased Pakkeeramma 12 years prior to the date of incident. Initially, the relationship between the Appellant and the deceased was cordial, later, he started suspecting the fidelity of his wife and started quarrelling with her by assaulting her physically. Though many elders and neighbours advised the Appellant, the Appellant continued the suspicion and abuse. The Appellant would often say that other than the daughter Rajeshwari the other three children, namely Basamma, Nagaraj @ Rajappa and Pavithra were not born to him, and suspected their paternity.
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