FAKIRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant, who is accused in Sessions Case No.109/2014, in the Court of the learned IX Additional District and Sessions Judge, Belagavi, (hereinafter for brevity, referred to as the 'Sessions Judge's Court'), has challenged the impugned judgment of conviction dtd. 31/1/2020 and order on sentence dtd. 1/2/2020, convicting him for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter for brevity, referred to as 'the IPC ') and sentencing him accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

(2.) The summary of the case of the prosecution in the trial Court was that the deceased Smt. Siddalingavva Fakirappa Jatannavar was the wife of the accused herein. The accused used to frequently quarrel with her in connection with his alleged demand for money. Accordingly, on 17/1/2014, at about 2.00 p.m., the accused went to Kannada Primary School at Hirekumbi Village within the limits of complainant police station and met his wife, who was working there as a cook in mid- day meals project and asked her to pay him money. Since the deceased did not give him the money, the accused took out a 'Adakotha' knife (a betel nut cracker) from his possession and assaulted his wife Siddalingavva Fakirappa Jatannavar with the same inflicting multiple injuries upon her on the parts of her body including neck, left breast, left shoulder, to which injuries she succumbed to the same on the spot and thus the accused has committed the offence punishable under Sec. 302 of the IPC.

(3.) Since the accused pleaded not guilty, in order to prove the allegations made against the accused, the prosecution got examined in all nineteen witnesses from PW-1 to PW-19 and got marked twentyseven documents from Exhibits P-1 to P-27 and Material Objects from MO-1 to MO-9. From the accused side, neither any witness was examined nor any document was marked.