AYYAPPA Vs. STATE

JUDGEMENT

(1.) Appellant-accused has preferred this appeal under Sec. 374(2) of Cr.PC being aggrieved and dissatisfied by the judgment of conviction and order of sentence passed by the District and Sessions Judge, Yadgiri in SC No.14/2015 dtd. 13/11/2018 for the offence punishable under Sec. 302 of IPC. The learned trial Court has passed the sentence against accused as under:

(2.) The facts leading to the case of the prosecution are as under: That the complainant Sharanappa S/o. Erappa submitted a complaint as per Ex.P1 stating that deceased Basamma alias Radhika's marriage was performed with accused about one and half years prior to filing of the complaint. Accused is the resident of Wadi village. It is stated in the complaint that for about two months after marriage, accused looked after his wife Basamma very well. Thereafter, he started harassing her and also bet her. Whenever his sister Basamma visits her parental house at Dornalli, she used to inform that her husband always looks at her with suspicion and suspects her fidelity. Whenever the deceased used to speak to other persons, accused used to assault her by consuming alcohol. This fact was informed by the deceased to her parents. All the members of the family of the complainant advised her to lead a good family life with her husband. But, always accused suspected the fidelity of Basamma and continued the said harassment and ill- treatment both physically and mentally. It is further alleged that because of this persistent harassment and ill-treatment, the complainant and his members of his family brought Basamma to their house. Thereafter, it is alleged that the accused came to the house of the complainant and requested to send his wife and quaralled with them. Because of the attitude of the accused, it was informed to the accused to bring his father and then only they will send the deceased to their house. Accordingly, after two three days father of the accused, Sidramappa came to the village of the complainant and took the deceased to his house. After one and half months accused attempted to kill Basamma by pouring kerosene on her. At that time, father of the accused rescued Basamma and brought her to her parental house. Since then, she was residing in her parents house. In the meantime, twice the accused came to the village of the complainant and requested to send Basamma with him. But, they did not send.

(3.) A specific allegation has been made by the complaint that on 5/9/2014 at about 9.00 p.m. accused came to Dornalli village to the house of the complainant. At that time, the complainant and other members of the family asked him to have the dinner. But, accused told that he has completed his dinner at Yadgiri. At that time, he had drunk alcohol. At about 10.00 p.m. he took his wife along with him for the purpose of sleeping, upstairs. At about 3.30 a.m. accused made his wife to get up and asked her to accompany him to answer the nature's call. At that time, another sister of complainant by name Suvarna noticed going away of accused and Basamma together. Even one Maruthi also has seen. Both went outside and at about 4.00 a.m. on 6/9/2014, when accused took Basamma with him to answer the nature's call, by suspecting her fidelity assaulted Basamma by knife and killed her. This assault being committed by the accused on the person of Basamma was witnessed by Ningappa S/o.Yamanappa who was returning to his house after attending his nature's call. Thus, it is alleged that by suspecting the fidelity of Basamma, accused has killed Basamma by assaulting her with knife.