STATE OF KARNATAKA Vs. VELUSWAMY @ SWAMY

JUDGEMENT

(1.) The judgment and order dated 18.11.2011 passed by the Sessions Court, Kodagu at Madikeri in S.C.No.57/2008 is the subject matter of this appeal.

(2.) Crl.A.No.292/2012 is filed by the State seeking enhancement of sentence for the offence under Section 304(I) of IPC.

(3.) Case of the prosecution in brief is that the deceased was working in the Farm of P.W.5 as a manual labour; she is the wife of accused; she was working as a maid in the house of P.W.5 whenever called for; the accused used to suspect the fidelity of the deceased in as much as, he was of the opinion that the deceased had illicit relationship with one Muthumani (not examined); in that regard, accused used to come to the house everyday after consuming alcohol and used to quarrel with his wife/deceased; on the night of the incident also i.e., on 8.6.2008, the accused came to the house asusual and started quarreling with his wife/deceased; two minor children of the deceased were also living with the deceased and the accused under the same roof and they were also present at that point of time; since there was loud cries by the deceased; the neighbours including P.W.1 whose houses are situated near to the house of the deceased saw the accused assaulting the deceased; in particular, P.W.1 used his torch to witness the incident; in the light emanated from the torch he saw the accused assaulting the deceased; on the next day morning i.e., on 9.6.2008, the dead body of the deceased was found with the bleeding injuries in her matrimonial house; at the early hours of the next day i.e., on 9.6.2008 the accused himself went to the house of P.W.5 (his employer) and informed him that somebody has assaulted the deceased and she is lying in the house; immediately thereafter, P.W.5 went to the house of the deceased and saw the dead body of the deceased with bleeding injuries.