JABEENABANU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 21.6.2008, passed by the Additional Sessions Court, Shimoga in S.C. 220/2007 is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that the accused -appellant herein is the wife of the deceased; their marriage was performed nine years prior to the incident in question; a child was born out of the said wedlock, but the said child did not survive for more than 23 days; thereafter no child is born to them; since the accused did not beget the child, the deceased was telling the accused that he would marry his maternal uncle's daughter by name Mubhina; such behavior of the deceased continued and repeated quite often; there used to be frequent quarrels between the couple on the said ground; on the night of 13.5.2007, accused and the deceased took meal and slept in the kitchen of the house; P.W. 10, the father of the deceased slept outside the house on a katta; the mother of the deceased had been to her relative's house situated at different village; at about 7.00 a.m. on 14.5.2007, the accused went out of the house wearing burka; at that point of time, since P.W. 2 raised alarm, P.Ws. 1 and 2 apprehended the accused and she was not allowed to go further.

(3.) SRI Vishwanath Poojary, learned advocate appearing on behalf of the accused -appellant herein taking us through the entire material on record submits that the Court below is not justified in convicting the accused for the offence punishable under Section 302 of IPC; the accused ought to have been acquitted in view of the fact that P.Ws. 10, 8 and 3 have deposed that the accused and the deceased were living happily and there were no quarrels between them. He further submits that at the most the accused is liable to be convicted for the offence punishable under Section 304 Part -II of IPC, inasmuch as no valid explanation is forthcoming from her.