GURUSWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused under Section 374(2) of Cr.P.C. being aggrieved by the judgment and order of conviction dated 03.10.2008 passed in S.C.No.133/2007 by the Sessions Judge, Fast Track Court-I at Shivamogga.

(2.) The brief facts of the prosecution case as per the complaint averments is that the appellant-accused is the husband of deceased Saroja. About two years back he was staying with his wife and children in the open area of the land belonging to PW-4 Siraj situated at Jade village. The husband and wife were quarrelling often. On the intervening night of 26/27.1.2007 at about 10.30 p.m. accused was quarrelling with his wife. Complainant PW-1 who is also residing in the very same land of Siraj near to the place of the deceased, advised them not to quarrel during night time. The accused was quarrelling with his wife regarding the money matter and the wife was asking the accused what has happened to the money which he got by selling of the pigs. The further averments is that on 27.01.2007 in the morning when the complainant came out of his house, he saw that people had gathered near the place where the accused was staying with his wife and children who were crying. The wife of the accused was lying dead with head injury. Near the place of occurrence a boulder (Jambattige) stained with blood was also lying. So he suspected that it is the accused person who has committed the murder of his wife.

(3.) On the basis of the said complaint, case came to be registered for the offence punishable under Section 302 IPC as against the present appellant- accused.