SAMUAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) :- This criminal appeal is preferred by the appellant, who was the accused in the trial court against the judgement dated 29th September, 1993 passed by the II Additional Sessions Judge, Bangalore, convicting the appellant - accused for the offence punishable under Section 302 I.P.C. and sentencing him to R.I. for life.

(2.) We have heard the learned counsel for the appellant Sri Hashmath Pasha and the learned Additional State Public Prosecutor Sri A. B. Patil fully and perused the records of the case.

(3.) The case of the prosecution is as follows :-The appellant was working in United Precision Tools at Saitpalya, Lingarajapuram, Bangalore and was living in a small shed at Lakshmaiah Reddy Layout, in Sy. No. 66/2, Kacharakanahalli, Bangalore which was belonging to one Rasheed but managed by P.W. 4 who was the friend of Rasheed. On 2-6-91 the appellant married Bhagyamma who was the daughter of P.W. 5 Hanumanthappa by falsely representing that he belongs to 'Golla' community to which the deceased belonged, though in fact the appellant is a Christian. After marriage, he was living with his wife in the above said shed and was harassing her as her parents failed to give him silver leg-chain and wrist watch as promised at the time of marriage. After coming to know that the appellant belonged to some community other than her community, she developed a dislike for her husband the appellant. On 15-8-1991 between 2.30 and 3.30 p.m. the appellant assaulted his wife Bhagyamma with a chopper M.O. 7 in that shed and murdered her. P.Ws. 3, 4 and 14 and others came near the shed on hearing the cries and P.W. 4 bolted the door from outside and went to the police station and informed the police. P.W. 13 came there and then the outer bolt was removed and the accused was asked to open the door and he opened the door from inside, they went inside and saw the dead body of the deceased and the accused was also present there with the blood stained clothes and the blood stained machu. P.W. 4 gave the complaint and after investigation the police filed charge-sheet against the appellant. The trial court found the evidence led by the prosecution safe to rely upon and acting on that evidence, it has convicted the appellant for the offence punishable under Section 302 IPC and sentenced him to R. I. for life.