BASAPPA DATTU HEGADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal is preferred against the judgment dated 29-6-1992 passed by the iii additional sessions judge, belgaum, in SC no. 102 of 1990 convicting the appellant-accused no. 1 for offences under sections 498-a and 306, ipc. He was sentenced to undergo r.i. for a period of 7 years for the offence under section 306, ipc and for a period of 2 years for the offence under section 498-a, ipc. The learned sessions judge has directed that the sentences imposed should run concurrently.

(2.) the allegation against the appellant a-1, his mother putalavva, a-2,and his brother parasappa, a-3, is that they subjected deceased shrimanthi, wife of the appellant, to cruelty and that they abetted the commission of suicide by her on 3-7-1989 at bastawad village, by jumping into a well. A-2 and a-3 have been acquitted.

(3.) the appellant married shrimanthi on 26-5-1986 at bastawadand she had given birth to 2 female children, viz., vidya and veena. Vidya was aged about 2 years and veena was 8 months old at the time of incident. It is alleged that shrimanthi threw the two children into the well and thereafter jumped into the well situated in r.sy. No. 10 of bastawad village belonging to p.w. 6-basagouda. A-1 reported the matter to the police on 4-7-1989. Au.d.r. case was registered at about 11.30 a.m. on that day. The police held inquest over the dead body on 4-7-1989 and on the same day, the body was subjected to post-mortem examination by p.w. 4-dr. Uday, medical officer, raibag, who has opined that the death was due to asphyxia as a result of drowning.