E. SHRINIVASULU SUBBAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the convicted appellant/accused against the judgment and order of conviction dated 29.11.2011 passed by the Fast Track Court-1, Bengaluru City in S.C.No. 1126/2007.

(2.) The appellant/accused was tried and convicted for the offences punishable under sections 302 and 307 of Indian Penal Code.

(3.) The case of the prosecution in brief is that the deceased Padmavathi was the wife of the accused. She was living along with the accused and their second daughter Swathi (PW.1) at No. 186, 3rd floor, Datta Complex, Gandhi Bazaar Main Road, within the limits of the Basavanagudi Police Station. The accused was in the habit of drinking alcohol and used to quarrel with the deceased demanding money from her and also used to threaten to kill her. The accused was not attending to any work. According to the prosecution, on 15.8.2007 at about 10.30 p.m., the accused quarrelled with the deceased and assaulted her with a chopper on the head causing her death. This incident was witnessed by their daughter Kum.Swathi (PW.1) and when she screamed, the accused chased PW.1 holding the chopper and pushed her from the third floor with intent to kill her. PW.1 sustained grievous injury and was admitted to Shekar Hospital.