PREMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by appellants - accused Nos.1 and 2 against the judgment of conviction and order on sentence dtd. 1/1/2013 passed in S.C. No. 57/2011 by the Additional District and Sessions Judge, Mandya, convicting appellants - accused Nos.1 and 2 for offence punishable under Sec. 306 of IPC and sentencing accused No.1 to undergo rigorous imprisonment for a period of 3 years and accused No. 2 to undergo rigorous imprisonment for a period of 4 years and to pay fine of Rs.5,000.00 each and in default to undergo imprisonment for a period of 8 months for accused No. 1 and 10 months for accused No. 2.

(2.) Factual matrix of the case is that appellants - accused Nos.1 and 2 were having illicit relationship and for that the deceased - Shivamadashetty - husband of accused No. 1 used to object. There used to be quarrels between accused No. 1 and her husband. Inspite of that, accused No.1 continued illicit relation with accused No. 2. On 10/7/2010, at about 04.00 pm, accused No. 2, in front of house of the deceased, called the deceased and asked him to die so that they both will live happily and insulted the deceased. Therefore, the deceased committed suicide in the night of 15/7/2010 by hanging to a tree by using plastic rope and towel and committed suicide. Charge has been famed against the appellants - accused Nos.1 and 2 for offence under Sec. 306 read with Sec. 34 of IPC. In order to prove the charge the prosecution has examined 10 witnesses as P.W.1 to P.W.10 and got marked Ex.P.1 to Ex.P.10 and material objections as M.O.1 to M.O.10. Statement of the accused persons came to be recorded under Sec. 313 of Cr.P.C. The trial Court after hearing arguments formulated points for consideration and passed the judgment of conviction and order on sentence.

(3.) Heard arguments of learned counsel for appellants - accused Nos.1 and 2 and learned HCGP for respondent - State.