KALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant being aggrieved by the judgment of conviction and sentence passed by the I Addl. District and Sessions Judge, Dharwad sitting at Hubli in S.C.No.106/2012 preferred this appeal on several grounds. The trial Court has sentenced the accused for the offences punishable under Section 307 of Indian Penal Code, 1860 to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/ -, in default to undergo simple imprisonment for one year. The fine amount is ordered to be paid to the injured PW10 Smt. Kavita as compensation under Section 357 (3) of Cr.P.C.

(2.) THE brief factual matrix of the case are that, The accused is the husband of one Smt. Manjula and there was a matrimonial dispute between the accused as well as his wife. The injured by name Kavita is no other than the daughter of one Smt. Neelavva. The said Neelavva examined as PW11 is the elder sister of Manjula i.e., the wife of the accused. There was some matrimonial dispute between the accused and his wife and he was under the impression that the dispute between himself and his wife arouse at the instance and intervention of the injured Kavita (PW10). It is the assumption of the accused that the injured PW10 Kavita has sent the wife of the accused to her parental house, by instigation got a matrimonial case filed against the accused and also got filed a partition suit through his wife before the Civil Court. In this background, according to the prosecution, the accused was waiting for an opportunity to do away with the life of this PW10 Kavita.

(3.) LET me understand the case of the prosecution in the above said backdrop. It is the case that, on 05.12.2011 at about 8.00 pm, when the injured was sitting in her house at Gamanagatti village in Hubli, the accused suddenly went to her house armed with a sickle and started abusing her with filthy language and also shouting that he would finish her on that day. By saying so, he attacked her with sickle and attempted to hit on her head. The said blow against the head missed and fell on the left shoulder of PW10. As a result of the same she sustained injury to her left shoulder and fell down on the ground, but accused did not stop assaulting her. He assaulted 5 -6 times indiscriminately on other parts of PW10 i.e., on her shoulder, on her back etc. Due to the bleeding injuries sustained, she lost her consciousness.