MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri. Suyog Herele E., learned counsel for the appellant and learned HCGP.

(2.) The appellant-accused by name Murthy @ Sundara Murthy who has been convicted in S.C.No.35/2012 vide judgment dtd. 26/2/2013, and order on sentence dtd. 15/3/2013, for the offence punishable under Sec. 304 Part II of IPC, has questioned the validity of the judgment of conviction and order of sentence in this appeal. The appellant was directed to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.50,000.00 and out of the fine amount recovered, the entire fine amount was ordered to be paid as compensation to PW-6, Smt. Devaki, who is none other than the mother of the deceased.

(3.) Essential factual matrix required for the disposal of the appeal on merits are as under: A complaint came to be lodged with Kadaba Police, Puttur alleging that the appellant hailed from Gudalur of Tamil Nadu State and he had married Parameshwari about 5 years earlier to the date of complaint and they had a son. Since there was no gainful employment for the appellant in Tamil Nadu, 8 months prior to 20/9/2011, he returned to the house of his in-laws along with his wife and son. To eke out their livelihood, Parameshwari had to fetch a job of a rubber tapper at KFDC, Rubber Plantation at Mandekara area. The appellant was not wellworsed with the tapping of rubber as it is a skilled job and he used to stay in the house of his in-laws and was attending labour work in and around Mandekara.