MAHADEVA ALIAS MAHADEVA NAYAKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Principal Sessions Court, Mysore, in S.C. No.339/2002 dated 21.11.2003 is the subject matter of this appeal.

(2.) THE case of the prosecution in brief is that the accused is the husband of the deceased Bhagyamma. Two children were born out of the said wedlock. The accused was mason by profession. The victim/deceased was also going for coolie work. The son Harish was aged about 12 years and daughter Manasa was aged about 9 years as on the date of the incident. Son Harish was living with father of the accused at Paduvarahally, Mysore city; whereas Manasa (PW.2), daughter of deceased and accused was living with her parents. About a year prior to the incident in question accused had brought second wife Rathnamma to his house; accused had taken second wife without the knowledge of the first wife or her relatives; the parents and brothers of the deceased were also living in the same village; there used to be frequent quarrels between the deceased and the accused on the ground that the accused had remarried and also on the ground that the deceased was going to coolie work despite accused prohibiting her from going to coolie work.

(3.) IN order to prove its case the prosecution in all has examined 18 witnesses and got marked 17 exhibits and 5 material objects. On behalf of the defence no exhibit was marked and no evidence was recorded. The trial court on evaluation of the material on record and after hearing, convicted the accused.