SULADAHALLI NAGAPPA Vs. STATE

JUDGEMENT

(1.) THE Judgment & Order of conviction and sentence dated 7th April 2010 passed by the Prl. District & Sessions Judge, Davangere in Sessions Case No. 55/2009 is the subject matter of this appeal. By the impugned Judgment, the trial Court has convicted the accused for the offence under Section 302 of IPC.

(2.) CASE of the prosecution in brief is that the deceased Hiriyamma is the second wife of the accused; Smt. Gonemma (PW. 9) is the first wife of the accused; after the second marriage of the accused with the deceased, the first wife of the accused started residing separately in a different village and she did not have contact with the accused; PWs. 2, 3 and 4 are children of the deceased and accused; since the family had got a small hut having a thatched roof measuring about 1 Vi feet x 12 Vi feet, PWs. 2 and 4 used to have lunch and dinner in the house and thereafter used to sleep in the house of PW. 3 - Kariyamma during night; PW. 5 is the husband of PW. 3 i.e., son -in -law of the deceased and the accused; during the night of 24.1.2009, PWs. 2 and 4 had their dinner in the hut alongwith their parents and thereafter they went to the house of PW. 3 - Kariyamma (sister of PWs. 2 and 4) to sleep; they came to the hut on the early hours of 25.1.2009 and to their dismay, they saw the dead body of the deceased with bleeding injuries on the head; a size stone was lying near the dead body; a complaint came to be lodged by PW. 2 (son of the deceased and the accused) as per Ex. P3 in Jagalur Police Station, which came to be registered by PW. 12 (Assistant Sub -Inspector) in Crime No. 18/2009; PW. 12 sent the first information report as per Ex. P7 to the jurisdictional Magistrate; PW. 13 - Inspector of Police completed the investigation and laid the charge sheet.

(3.) HEARD Smt. Budrunnisa, learned advocate appearing on behalf of the appellant and Sri Chetan Desai, learned High Court Government Pleader for the respondent - State and perused the records.