PRAVEEN REVANSIDDESHWAR BADIGER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant/accused and learned Addl. SPP for the respondent/State.

(2.) This appeal is filed by the accused challenging the judgment of conviction dtd. 31/7/2023 and order on sentence dtd. 3/8/2023 imposing for life imprisonment, passed in SC No.291/2017 on the file of learned V Addl. District and Sessions Judge, Belagavi (for short, 'Trial Court') for the offence punishable under Sec. 302 of IPC.

(3.) The factual matrix of the case of the prosecution, while invoking Ss. 498A and 302 of IPC, is that the accused married the deceased Shipa @ Keerti on 23/2/2014 and in the said wedlock, a son by name Aditya was born. After birth of the said Aditya, the accused started suspecting the chastity of the deceased stating that the child is not like him and to whom the said child was born and in this regard, the accused was harassing the deceased mentally and physically. That on 5/4/2017 at around 11 a.m., the accused picked up quarrel with his wife Shipa and with an intention to kill her, he pressed her neck and tied her neck with the rope and murdered her. It is also the case of the prosecution that the accused himself went and informed the same to the police and on information, PW1-Head Constable came along with other staff and secured the owner of the house and in his presence, the house which was locked was open and went inside the house and found dead body and confirmed the death. PW1 lodged a compliant in terms of Ex.P1 and the case was registered in Crime No.41/2017. The IO, who took up the charge, investigated the matter and filed charge sheet for the offences punishable under Ss. 498A and 302 of IPC and on filing of the charge sheet, the accused was secured and the cognizance was taken and thereafter, the matter was committed to the Sessions Court and the same was numbered as SC No.291/2017. The trial Judge having heard the respective counsels, framed the charges and the accused did not plead guilty, claims trial. Hence, the prosecution examined PW1 to PW29 and also relied on Exs.P1 to P37(c). The prosecution also relied on MO1 to MO7. The accused also himself examined as DW1 and marked Exs.D1 to D12. The trial Judge having considered both oral and documentary evidence on record, convicted the accused for the offence punishable under Sec. 302 of IPC and sentenced him for life imprisonment. Being aggrieved by the judgment of conviction and sentence, the present appeal is filed by the accused.