RAJESAB @ RAJU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 24/1/2022 and order of sentence dtd. 2/2/2022 passed in S.C.No.45/2020 by the III Additional District and Sessions Judge and Special Judge at Dharwad (hereinafter referred to as ' the learned Sessions Judge' for short), whereby the learned Sessions Judge convicted the accused for the offence punishable under Sec. 302 of IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.10,000.00 and in default of payment of fine, to undergo simple imprisonment for a period of six months.

(2.) The briefly stated facts of the prosecution case, that the accused-Rajesab @ Raju had married one Nasreenbanu 16 years prior to 2019. They had no children from the marriage and as such he married deceased-Haseenabanu in the year 2011. From the wedlock with deceased, he had begotten 2 daughters. Accused was residing with his parents, his first wife, deceased and his two children. The accused used to quarrel with the deceased as she was not good at cooking and was not doing the household works. Later, the deceased was driven out from the house by the accused. However, at the intervention of the elders of the village, the deceased rejoined the matrimonial house. On 24/9/2019 at about 6.30 a.m., PW.2-brother of deceased informed the complainant-PW.1 that the accused murdered the deceased on the previous night and escaped from the house. Immediately, PW.1 along with PWs.5 and 6 rushed to the house of deceased and found the body of the deceased in the house in a pool of blood. On enquiry by PW.1 with the parents of accused, they informed that on 24/9/2019 in the early morning at about 3.00 a.m., the accused and deceased were quarrelling with each other inside the room of their house and when they tried to enter the room, the accused ran away from the house and they found bleeding stab injuries on the deceased and she succumbed at the spot. Further, on enquiry with PW.3-the daughter of deceased, she informed that the accused murdered by stabbing her. Hence, PW.1 lodged a complaint before the respondent-Police on 24/9/2019 against the accused as per Ex.P1. Based on Ex.P1, the respondent- police registered FIR against the accused in crime No.122/2019 dtd. 24/9/2019 for the offences punishable under Ss. 498-A and 302 of IPC as per Ex.P37. Subsequently, PW23 conducted the investigation, drawn relevant mahazars, recorded the statement of witnesses and on obtaining necessary documents from the concerned authorities, laid charge-sheet against the accused for the aforementioned offences before the Committal Court.

(3.) After committal of the case before the Sessions Court, the learned Sessions Judge framed the charges against the accused for the offences punishable under Ss. 302 and 498(A) of IPC and read over the same to accused. The accused denied the charges and claimed to be tried.