THIMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal is directed against the judgment and order of conviction dated 14.10.2011 passed by the Fast Track Court, Kollegal in S.C. No. 3/2010.

(2.) Case of the prosecution in brief is that, at about 6.45 p.m. on 26.7.2009, the accused quarreled with his wife/deceased by suspecting the fidelity of her and assaulted her on different parts of the body with the club (M.O. No. 2); consequent upon which, wife of the accused sustained number of injuries all over the body; thereafter, the accused hanged body of the injured to the ceiling of the hut with the help of the saree of the deceased; immediately thereafter, the accused attempted to commit suicide by consuming pesticide; since the accused had consumed pesticide, he had fallen on the floor unconscious; meanwhile PW.1 - wife of the employer of the deceased and the accused called the accused for some work, but the accused did not respond; and hence, PW.1 went near the house of the accused and once again called the accused, but she heard some humming sound from the house of the accused; thus, PW.1 entered the house of the deceased and the accused and found the dead body of the deceased, which was hanging and she also saw the accused fallen on the floor unconscious.

(3.) In order to prove its case, the prosecution in all has examined 8 witnesses and got marked 13 exhibits and 8 Material Objects. On behalf of the defence, no witness is examined and no document is marked. The Trial Court on evaluation of the material on record convicted the accused for the offences punishable under Ss. 302 and 309 of IPC.