HANAMANTH RAMANNA ALIAS RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused against the Judgment dt. 22-7-94 passed by the II Addl. Sessions Judge, Bijapur, in S.C. No. 145/93 convicting the appellant/accused for the offence punishable under Sec. 302, IPC and sentencing him to imprisonment for life.

(2.) We have heard the learned counsel for the appellant/accused Sri R. B. Deshpande and the learned Addl. Government Pleader Sri Rajagopal and perused the records of the case.

(3.) The case of the prosecution is as follows : That deceased Huchawwa was the wife of the appellant-accused. The accused was residing at Bagalkot, whereas the deceased was residing sepa rately from her husband/accused in Bijapur in the house of P.W. 2, the complainant. She had obtained an order of maintenance against the accused and the accused was required to pay the arrears of mainte nance amounting to Rs. 6,000.00 to her. Therefore, the accused was nursing a grudge against her. The deceased was living in that house with her daughter Kavita and she had developed illicit intimacy with P.W. 11 Jangir. This was also resented by the ac cused. On the date of the incident, the deceased had gone to fetch water and by the time she returned home the accused had entered into the house and when she came into the house he stabbed her on her stomach with the knife - M. O. 2. The deceased followed him up to the door and the accused ran away. The incident had been witnessed by P.Ws. 3, 4 and 5 viz. wife, mother and daughter of P.W. 2, the complainant and also the landlord of the house where the deceased was staying. After P.W. 2 returned home, the incident was narrated to him by P.Ws. 3, 4 and 5 and he went to the police station and lodged his complaint. The police, after investiga tion, filed charge sheet against the accused.