HASAN Vs. STATE

JUDGEMENT

(1.) The appellant-accused has called in question the judgment of his conviction and order of sentence dtd. 28/11/2012 in SC NO.69/2010 by the then Fast Track Court, Udupi convicting and sentencing him for the offence under Sec. 498-A, 306 of IPC.

(2.) Parties to this appeal are referred with reference to their rank before the trial Court for the sake of convenience.

(3.) That, one Shekabba filed an initial complaint on 29/6/2010 at 12.30 p.m. by appearing before Police SubInspector, Karkala Rural Police Station, Karkala stating that deceased Asma was his sister. She was married to the accused about 16 years back prior to filing of the complaint and in the wedlock, two children are born. It is stated that, he performed the marriage of sister with accused at Hosmaru Jumma Masjid and provided a residential house in his compound itself. When the accused married his sister, he was working at Harbour at Mangaluru. After five years, accused took his wife and two children to Shimoga and started residing in a rented house. It is alleged that after three years of marriage, accused started consuming arrack and used to ill treat and harass his sister. In the meantime, another child was born. The elder son Pawaz was studying at 8th standard, when the complaint was filed, daughter Suhana was 8 years and Saniya was aged 5 years and they were attending school. It is stated that prior to two months of filing complaint, accused brought his wife and children to Karyambalu in Idu village and started residing in a house constructed by the complainant in an area measuring 5 cents colony. He is doing coolie work at Hosmaru and his sister was doing tailoring. It is noticed by him that accused recently started consuming more arrack and there was quarrel in between the couple. Therefore, the Jamath people of Hosmaru advised the accused not to ill treat his wife and not to consume arrack. But, accused has not stopped that habit.