D P VITTAL RAO Vs. STATE

JUDGEMENT

(1.) The appellant (hereinafter referred as "accused") was tried and convicted for an offence punishable under Section 302 IPC for committing murder of his wife Smt. Sunitha at 4.00 p.m. on 19.08.2005 in his rented house at No.41, Saraipalya, Ashwathnagar, Bangalore within the jurisdiction of Hennur Police Station. There are no eye witnesses to the incident. The first information was lodged by accused. The Investigating Officer visited house of accused and found that wife of accused namely Sunitha had met with a homicidal death. On the information volunteered by accused weapon of offence and blood stained clothes were recovered.

(2.) In brief the case of prosecution is as follows:-

(3.) It is the case of prosecution that on 19.08.2005 during morning accused questioned deceased about her illicit intimacy with PW.13-Nagaraj. The deceased confessed that she had illicit intimacy with PW.13. The accused told deceased that she should accompany him to Police Station to lodge a complaint against PW.13- Nagaraj to enable Police to secure PW.13 and advise him properly and ultimately put an end to immoral relationship between deceased-Sunitha and PW.13- Nagaraj. The accused also requested PW.2-A. Ramachandra to come to his house. The deceased was reluctant, she refused to accompany accused to Police Station. PW.2 had waited in the house of accused till 4.00 p.m. in the evening. Thereafter, he left the house. The deceased was adamant and refused to accompany accused to Police Station. Therefore, accused was provoked and he stabbed and committed murder of his wife (deceased-Sunitha). Thereafter, he went to jurisdictional Police Station and narrated the incident to police.