JENUKURUBA SHIVAJI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order dated 09.09.2011 passed by the Fast Track Court, Kodagu, Madikeri in Session Case No. 25/2007, is called in question in this appeal by the convicted accused. By the impugned order, the trial Court has convicted the accused for the offences punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life with a specific direction that the period of life imprisonment shall run till the last breath of the convict.

(2.) The case of the prosecution in brief is that the accused is the husband of the deceased - Muthamma, who is the second daughter of the complainant (CW. 1 - since he expired he was not examined before the Court). A female child was born out of the said wed -lock. The daughter of accused and deceased was aged about 08 years at the time of deposition and aged about 06 years at the time of incident. The accused was suspecting the fidelity of his wife/deceased very oftenly and he used to harass her both physically and mentally. He used to assault her with whatever weapon he gets in his hand, not only within the house but also out side the house. At about 01:30 p.m., on 10.11.2006, once again suspecting the fidelity of his wife, the accused started assaulting her. The deceased screamed and tried to run away. However, the accused chased her, dragged her once again inside the house and beat her on all over the body with the wooden club to the extent to commit her murder. Consequent to such assault, the deceased succumbed to the injuries. The complaint came to be lodged by CW. 1 - Jenukurubara Bhoja - father of the deceased at 01:00 p.m., on 11.11.2006 i.e., on the next date of the incident at Siddapura Police Station, same was registered in Cr. No. 88/2006 under Sec. 302 of IPC. The accused was arrested on 14.12.2006 and he was charged for the offence punishable under Sec. 302 of IPC.

(3.) In order to prove the case of the prosecution, in all 22 witnesses have been examined as PWs. 1 to 22 and in all 16 documents - Ex. P1 to Ex. P16 and four material objects - M.Os. 1 to 4 were marked. The defence did not examine any witness. The trial Court on evaluation of the materials on record convicted the accused for the offence punishable under Sec. 302 of IPC and sentenced him as mentioned supra.