(1.) This appeal is preferred by the accused against the Judgment and order of conviction and sentence passed against him by the Court of Principal Sessions Judge, Kolar dtd. 30/11/2017 and 5/12/2017, whereby the learned Sessions Judge has convicted him for the offence punishable under Sec. 302 and 201 of IPC. He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 for the offence punishable under Sec. 302 IPC and in default to pay the fine amount, to further undergo SI for a period of 6 months. He was sentenced to undergo RI for a period of 2 years and to pay a fine of Rs.1,000.00, in default to pay the fine amount, to further undergo SI for a period of 3 months.
(2.) Heard the learned counsel for appellant, learned Additional SPP for the State and perused the evidence and material on record.
(3.) The case of prosecution is that deceased Babamma after deserting her husband and children, developed illicit relationship with the accused, a resident of Puttenahalli Village and thereafter started residing with him. Both of them used to go to Bengaluru for coolie work from Puttenahalli and whenever they visited their village they used to pick up quarrel and they were also addicted to alcohol. On 28/6/2015, at about 03.30 p.m., accused quarrelled and assaulted the deceased suspecting her fidelity and in the night at about 09.00 p.m., he made the deceased to drink alcohol and caused burn injuries on her forehead, chin, below the neck, on the chest, on the left and right shoulders and other parts of the body and near the private part, with a burning firewood and shoved the hittu kolu (used for preparing ragi ball) into her private part and strangulated her to death. Further, after committing the murder, with an intention of screening himself from legal punishment, he burnt the clothes of the deceased near his house and thereby, committed the charged offences punishable under Sec. 302 and 201 of IPC.