SUBRAMANYA H.T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has filed this appeal challenging the judgment of conviction and order on sentence passed against him in Sessions Case No.10017 of 2017 on the file of the learned V Additional District and Sessions Judge, Shivamogga, Sitting at Sagara.

(2.) The appellant was the sole accused and the respondent-State was the complainant before the trial Court. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

(3.) Accused was tried and convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC') on the charge that the accused and Nagarathna (hereinafter referred to as, 'deceased') were husband and wife, respectively, and they had four children, namely, Vidhey (PW1), Arjun (PW2), Abhinandhan (PW3) and Vidhyarthi (DW1). The accused, being the driver of a lorry, often used to pick up quarrel with the deceased and children, and used to assault his wife. In the year 2016, DW1 purchased second-hand lorry and at that time, the deceased paid a sum of Rs.1.00 lakh to him, which was given by the accused. In that regard, there was scuffle between the husband and the deceased and on 14/4/2017 at 11:15 p.m. in their house, the accused with an intention to cause the death of the deceased, assaulted her with axe-MO1 on her left portion of the neck and back, thereby caused severe bleeding injuries, as a result of which, the deceased breathed her last. Hence, PW1 lodged a complaint on 15/4/2017 at 1:00 a.m. against the accused. A case has been registered; the Investigating Officer conducted investigation and filed the charge-sheet against the accused for the offence punishable under Sec. 302 of IPC.