MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred to as accused) was tried, convicted and sentenced to undergo imprisonment for offences punishable under Sections 302 and 323 IPC. Therefore, he is before this court.

(2.) WE have heard Sri.K.Diwakar, learned counsel for accused and Sri.Vijayakumar Majage, learned Government Pleader for the State.

(3.) BEFORE adverting to appreciation of evidence and submissions made by learned counsel for parties, it is necessary to state the inter se relationship of some of the prosecution witnesses and the accused. PW.2 -Radha is the daughter of deceased Nagarajappa and PW.5 -Rangamma; PW.1 -Poojari Kariyappa is the father of deceased Nagarajappa; PW.12 -Mylarappa is the father of accused; the deceased was a native of Hebbur village, Ajjampura Hobli, Tarikere Taluk. PW.2 -Radha and the accused had fallen in love. The deceased (father of PW.2) and other elders coming to know of love affair between accused and PW.2 -Radha performed their marriage about two and half years prior to 07.09.2010. After the marriage, PW.2 and accused were living in the house of deceased. About four months prior to 07.09.2010, they had set up a separate house. PW.2 and accused were living in that house.