LAWS(KAR)-2015-3-379

THAMMAIAH SHETTY Vs. STATE OF KARNATAKA

Decided On March 31, 2015
Thammaiah Shetty Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE judgment and order of conviction, dated 24.9.2009 passed by the Fast Track Court -II, Mysore in SC. No. 140/2007, is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that the deceased was a paramour of the deceased. The accused was working as a Watcher in the Forest Department, whereas the deceased was working as a coolie. The deceased had a house wherein she was residing along with her daughter. The husband of the deceased had expired and thus she was residing with her daughter; the accused used to come to her house every evening and used to stay over night; the daughter of the deceased though was living with her mother (deceased) she used to go to her grand mother's house for sleeping after the arrival of the accused to the house of the deceased; on the date of the incident, i.e., on 18.1.2007 the accused after consuming liquor to maximum extent started quarreling with the deceased asking her to give money; however such request of the accused was refused by the deceased and being enraged, the accused strangulated the deceased with the help of her saree and committed her murder.

(3.) IN order to prove its case, the prosecution in all has examined 21 witnesses and got marked 26 Exhibits and 11 Material Objects. On behalf of the defence, no document is marked and no witness is examined. As aforementioned, the trial Court on evaluation of the material on record, convicted the accused.