NINGAPPA MALLAPPA PUJERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Additional State Public Prosecutor appearing for the State.

(2.) The appellant is in appeal questioning the judgment and conviction sentencing him to life imprisonment for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity) and imposing a fine of Rs.10,000/-.

(3.) The brief facts of the case are that, the complainant's daughter Renuka was said to have been married to the appellant about two years prior to the complaint. After marriage, the appellant and Renuka were residing in Nuli village of the appellant. Six months prior to the complaint, the appellant and Renuka had left Nuli village and started residing at Betageri village along with the complainant and his family. One month prior to the complaint, as Renuka and the appellant were not able to get along with the family members of the complainant, they had set up a separate house by renting a house from one Mudadappa Chandaragi. It was alleged that the appellant was an alcoholic and was also in the habit of committing theft. He had recently been arrested for the theft of a bicycle and had been released on bail. He had not engaged himself in any gainful employment and apart from drinking alcohol, he was loitering around and on account of this conduct and behaviour, the complainant and other elders had advised him to mend his ways. This had angered the appellant and he had, therefore, vented his anger on his wife by ill-treating her both mentally and physically. During the night of 26.08.2010 and 27.08.2010, it is stated that the appellant and Renuka were last seen together and in the morning of 27.08.2010, it was discovered that Renuka had been strangulated with her own saree and the appellant was found absconding. On the basis of the complaint, proceedings having been initiated against the appellant in Crime No.130/2010 by the jurisdictional police, the appellant is said to have been arrested on 07.09.2010 at Ghataprabha Railway Station and thereafter, on the appellant's direction they had visited Halkarni Veershaiva Co-operative Bank and had recovered a tali and gold beads which had been pledged with the bank by appellant and apparently belonging to the deceased. It is on this and other incriminating material that the appellant was charge sheeted and he had stood trial. 19 witnesses had been examined by the prosecution apart from marking several exhibits and material objects.