KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal is preferred by the appellant-accused against the judgment dated 8th march, 1994, passed by the principal sessions judge, shimoga, in SC 38 of 1993, convicting the appellant-accused for the offence under Section 302, IPC and sentencing him to imprisonment for life.

(2.) we have heard the learned counsel for the appellant-accused Sri G.Lakshmeesh Rao and the learned additional government pleader Sri G.M.Sreenivasa Reddy for the respondent-state fully and perused the records of the case.

(3.) the case of the prosecution is as follows : that deceased puttamma was the wife of the appellant-accused-krishnappa and they were working at ayanur and residing in a hut belonging to nayar. The accused was accustomed to drinking liquor. He used to quarrel with his wife and beat her. On the night of 18/19-1-1993 there was a quarrel between the appellant and deceased puttamma and they went to the house of keshavan nayar with their complaint. But nayar told them that he would settle the matter next morning. On 19-1-1993 keshvan nayar went to the house of sharadamma, the elder sister of puttamma, who was staying with her husband and children at chamundipura and informed that puttamma was found dead in her hut. After receiving this information, sharadamma went to the hut of the accused and found the dead body of puttamma. She also noticed the finger of the right leg was crushed and bleeding and there were also marks on her neck. On enquiry, P.W. 2 shashikala the daughter of the deceased and the appellant informed that the accused assaulted puttamma on the leg and tied the leg, thrust cloth into the mouth and pressed her neck. On account of fear she slept in the house of muniyamma and in the morning she came and opened the door and found the dead body of her mother puttamma. On receiving this information from P.W. 2-shashikala, P.W. 4-sharadamma went to the police station and gave her complaint on that day at 10.30 am which came to be reduced into writing and the police started investigation in the case and after completing the investigation, the police filed charge-sheet in this case. The trial judge found that the evidence of P.W. 2 which is evidence of the prosecution case is safe to be relied and he relied upon that evidence and convicted the appellant.