JENUKURUBARA SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Judgment and order of conviction dated 28th February 2011, passed by the Fast Track Court, Kodagu, in Sessions case No. 41/2009, is called in question in this appeal by the convicted accused.

(2.) The case of the prosecution in brief is that deceased Janaki had married one Mani aged about 20 years prior to the incident in question; three children were born out of the said wedlock; P.W. 18 is one of the sons of the deceased born out the wedlock between the deceased and Mani; however, deceased had left the company of her husband and consequently, she started living with the accused since two years at a different village; she was addicted to the habit of drinking alcohol every day; the accused and the deceased were living under the same roof as husband and wife; they were doing coolie work in the coffee estate of P.W. 4 -Dillu; there used to be frequent quarrel between accused and deceased.

(3.) During the night intervening between 30th January 2009 and 31st January 2009, the accused and deceased slept after taking food as usual. However, at 4.30 A.M. on 31.1.2009, the accused came to the house of P.W. 5, whose house is situated about 120 ft. away from the house of the deceased. Accused informed P.W. 5 about the death of the deceased; accused told P.W. 5 about the consumption of alcohol and non -taking of dinner by the deceased on the previous night; P.W. 5 in turn informed about the incident to P.W. 4; message was sent to police as well as to P.W. 18; P.W. 18 on visiting the spot, lodged the complaint as per Ex. P21 at 8.30 P.M. on 31.1.2009 which came to be registered in crime No. 25/09 of Ponnampet police station; P.W. 7 -Inspector of police laid the charge sheet after completion of investigation.