STATE OF KARNATAKA Vs. NEELAKANTHA SAKREPPA SANKANNAVAR

JUDGEMENT

(1.) This appeal is preferred by the State against the judgment dated 10-12-91 passed by the III Addl. Sessions Judge, Belgam, in S. C. No. 25/91 acquitting the respondent-accused for the offence punishable under Sec. 302 IPC.

(2.) We have heard the learned Government Pleader Shri M. Marigowda and the learned counsel for the respondent accused fully and perused the records of the case.

(3.) The case of the prosecution is as follows : That the deceased Sawakka was married to the respondent accused about more than a year prior to her death. At the time of her marriage with the accused, Savakka had not attained. puberty. After six months of her marriage, she was sent to her husband's house. The accused was sleeping with Savakka on the night between 4-10-1990 and 5-10-1990 and since Savakka did not allow the accused to have sexual intercourse with her, he throttled her and committed her murder and thereafter, he consumed poison and attempted to commit suicide but he was saved due to the timely medical help. P.W. 1 the father of Savakka gave his complaint as per Ex. P. 1 and on the basis of Ex. P. 1 the case came to be registered by the police and the investigation was undertaken. After the completion of the investigation the police filed charge-sheet against the accused for the offence under Secs. 302 and 309 IPC.