WILLIAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction passed by the FTC dated 28.11.2011 passed in S.C. No. 121/11 is subject matter of this appeal.

(2.) The case of the prosecution in brief is that the deceased Ramya is wife of accused No. 1/appellant herein; the deceased and the accused No. 1 were loving each other and their marriage was performed about 10 years prior to the incident in question; none of the family members of the accused as well as the deceased attended the marriage of the accused No. 1 and the deceased inasmuch as the family members of both accused No. 1 and the deceased were opposed to the marriage; the deceased is a Hindu and accused No. 1 is a Christian by caste; they were living happily for about 5 to 6 years after their marriage and thereafter, the deceased started visiting the house of her parents very often; however, just three months prior to the incident in question, she stopped residing in the matrimonial house along with accused No. 1 and she started living in the house of her mother (PW2); the accused No. 1 used to quarrel with the deceased coming to the house of PW2 in the matter of custody of the child, (born out of the wedlock between accused No. 1 and the deceased); accused No. 1 also started suspecting the fidelity of the deceased and in that regard also he used to quarrel with the deceased.

(3.) In order to prove its case, the prosecution in all examined 25 witnesses and got marked 28 exhibits and 13 Material Objects. On behalf of the defence, no witness is examined and no document is exhibited. As aforementioned, the trial Court acquitted accused No. 2 and convicted accused No. 1 for the offence punishable under Sec. 302 of Indian Penal Code.