YAMUNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 31.3.2011 passed by the III Addl. District and Sessions Judge, Dakshina Kannada, Mangalore in S.C.No.131/2010 is called in question in this appeal by the convicted accused.

(2.) THE case of the prosecution in brief is that the accused is from Kustagi Taluk, Koppala District; deceased Vijayalakshmi is also from the same Taluk; both are from the adjoining Villages of Kustagi Taluk; deceased was married and her husband had died two years prior to the incident in question; thereafter the deceased accompanied accused to Mangalore for coolie work; they used to go to their native place together; PW.7 - Gyanappa is the father of the deceased. The accused stayed in a rented room in the house situated at Chokkabettu junction, Chakravarthi Maidan, Krishnapura 6th Block in Mangalore Taluk; the said house had five rooms; in the adjoining room of the accused, PW.1 was staying; the deceased used to come to the room of the accused frequently; they also used to quarrel whenever the deceased came to sleep with the accused in his room; in between the room of the accused and the room of PW.1 there was a door and consequently PW.1 used to hear the sounds of quarrel between the accused and the deceased; on 1.6.2010 also, the deceased had come to the house of accused and had stayed in the room of the accused; on that day the accused and deceased quarreled; the accused had asked for Rs.1,000/ - from PW.1 and consequently PW.1 had paid Rs.1,000/ - to the accused; at that point of time PW.1 had seen the deceased in the room of the accused; in the morning of 2.6.2010 at 7.00 a.m. the accused alone went out of the room hurriedly along with all his baggages; at 8.00 a.m. the accused called PW.1 over cell phone and told PW.1 that he came to the busstand for sending the deceased to her native place.

(3.) THE Trial Court on evaluation of the material on record and on hearing the learned counsel for both the parties, by passing the detailed judgment, convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to life imprisonment and to pay fine of Rs.5,000/ - with default clause.