CHANDRAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 30.11.2010 passed by the III Addl. District and Sessions Judge, D.K., Mangalore in Sessions Case No.111/2009 is called in question by the convicted accused. By the impugned judgment the Trial Court has convicted the accused for the offences punishable under Sections 498(A) and 302 of IPC and sentenced him to under go imprisonment for life and to pay fine of Rs.5,000/- in default to undergo imprisonment for a period of 6 months.

(2.) Case of the prosecution in brief is that the deceased Laxmi is the wife of the accused; the accused had got two wives viz., Rathna and Laxmi (deceased). It seems the accused married Laxmi after divorcing Rathna; the accused and 1st wife Rathna had got a son by name Mahendra (PW.20); the accused and the deceased had got two children who are younger than Mahendra; at the time of incident Mahendra was aged about 9 years.

(3.) Pws.1, 2, 3 and 5 went to the house of the accused and deceased, immediately after hearing the news from the accused that the deceased was unwell, at 7.00 p.m. on 26.7.2009; PW.1 lodged the complaint as per Ex.P.1 before the Kavoor Police Station; PWs.1 and 2 shifted the injured to Wenlock Hospital; in the meanwhile, they also got the information from the step son of the deceased viz., Mahendra - PW.20 about the incident in question. PW.1 is the witness to the scene of offence Mahazar Ex.P.2 and she has also deposed about the sketch of scene of offence drawn by police as per Ex.P.3; PW.2 is the witness for inquest post mortem also; PW.8 is the witness for inquest mahazar; PW.4 is the neighbour of the accused and the deceased, but she has turned hostile; PW.5 being the brother of PW.1 and also husband of PW.2 also went to the house of the deceased and he also went along with PW.1 for shifting the victim to the hospital; PW.6 is the Doctor who conducted post mortem examination over the dead body; Ex.P.6 is the post mortem report; Ex.P.7 is the opinion rendered by the Doctor regarding the cause of death of the deceased. PW.7 is the Engineer, who drew the scene of offence as per Ex.P.8 as mentioned supra; Ex.P.8 is the inquest mahazar; PW.9 is the neighbour; he has deposed that the accused and the deceased quarreled prior to the incident in question in the house; PW.10 is the photographer who took the photograph as per Exs.P.9 to 12; PWs.11, 12 and 16 are the Police Constables who participated during the course of investigation at different levels; PW.13 is the Doctor, who treated the victim immediately on admitting the victim to the hospital on 26.07.2009, he issued wound certificate as per Ex.P.17. He has recorded the history in the case sheet and such history was provided to him by the accused himself to the effect that he assaulted the victim. PW.14 is the witness for the seizure Mahazar - Ex.P.18 under which the dresses of the accused are seized. PW.19 is the owner of the shed wherein the incident has taken place where the accused and the deceased were living; the deceased was cooking food with the help of fire wood. He is witness for seizure Mahazar/panchanama - Ex.P.15, under which the dresses of the deceased were seized. PW.18 is the brother of the deceased; PW.19 is the mother of the deceased. Both these witnesses have deposed about the harassment meted out by the accused to the deceased. PW.20 is the important and sole eye witness to the incident in question, he was aged about 9 years at the time of the incident, he is step son of the deceased. He has deposed about the incident in question to the effect that the accused assaulted the deceased with the stone and the wooden club. PW.21 is the Sub-Inspector of Police at Kavoor Police Station he has received the complaint lodged by PW.1 as per Ex.P.1 and registered Crime No.90/2009. PW.22 is another neighbour of the accused, but he has turned hostile.