MARIA JOSEPH @ JOSEPH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 12.12.2011 recorded in V - Fast Track (Sessions) Court, Bangalore City, on his file in S.C.No.373/2011 whereby the appellant herein is convicted for the offence under Section 302 of the Indian Penal Code (for short hereinafter referred to as "IPC") and is sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/ - with default clause.

(2.) For the sake of convenience, hereinafter the parties are referred to as per their original status before the Trial Court.

(3.) Briefly stated, the complainant -police, chargesheeted the accused in respect of the offence punishable under Section 302 of IPC. The allegation was, that the deceased Mary Stella was married to the accused and the couple were blessed with three children. For the last seven years prior to the incident, they were residing in a rented house at T.C.Palya, Bengaluru. The accused was working both as a painter and a carpenter. The deceased was working as an attender in a private college. Their eldest daughter was also working in a garments factory. Their two younger sons were students. The accused was given to boozing and used to extract money from the deceased to quench his thirst. Very often, he used to quarrel with her over money issue. He used to frequently shuttle between his parents house at Tiptur and the matrimonial home. On 14.10.2010 in the afternoon when the deceased came home for lunch, he picked up quarrel with her for money, but she did not heed. After the lunch, she had gone for her work and returned home by 5.30 in the evening. By that time, the accused sharpened a vegetable cutting knife from the kitchen with an intention to do away with the life of the deceased. On her return, he again picked up quarrel for money and stabbed her with knife, thus causing multiple bleeding injuries. On hearing her scream, the neighbours gathered in front of the house, broke open the door and shifted the deceased to the hospital. She breathed her last while on the way to the hospital.