STATE OF KARNATAKA Vs. RAMESH BABU

JUDGEMENT

(1.) THE Judgment and Order dated 31st May 2011 passed by the Fast Track Court -I, Tumkur in S.C. No. 106/2009 is called in question in these two appeals. By the said Judgment, the trial Court has convicted the accused for the offences punishable under Sections 498 -A and 304 Part -II of IPC and sentenced him to undergo imprisonment for one year and three years respectively apart from imposing fine. By the very Judgment, the Court below has acquitted the accused for the offences punishable under Sections 302 and 201 of IPC.

(2.) CASE of the prosecution in brief is that accused -Ramesh Babu married the deceased Manjula about 8 to 9 years prior to the incident in question; out of their wedlock, a son by name Dhanush was born; the married couple lived happily for a period of about 4 to 5 years after the marriage and thereafter matrimonial discord started; the accused started to have illicit relationship with one Shalini (CW.17); the deceased came to know about such relationship between the accused and Shalini and hence she started pressurizing the accused to part the company of Shalini and to lead matrimonial life with her in usual manner; the accused did not agree for the said proposal of the deceased and he started quarrelling with the deceased Manjula; he used to assault her and ill -treat her; he used to drink alcohol everyday while returning home and abuse Manjula in filthy language; since one year prior to the incident, the accused was not coming to the matrimonial house regularly inasmuch as he used to stay back in the house of Shalini in her company; in other words, the deceased was mentally and physically tortured by the accused as aforementioned.

(3.) IN order to prove its case, the prosecution in all examined 25 witnesses and got marked 64 Exhibits and 8 Material Objects. On behalf of the defence, no witness is examined. As aforementioned, the trial Court on hearing did not convict the accused for the offences under Sections 302 and 201 of IPC. However the trial Court convicted the accused for the offences under Sections 498 -A and 304 Part II of IPC.