SIDDAPPA LAGAMAPPA PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Section 374 of Cr.P.C. against the judgment and order of conviction and sentence passed in SC No.40/2011 on the file of the V Addl. Sessions Judge at Belgaum, whereby the appellant/accused is convicted for the offence punishable under Section 302 of IPC to undergo life imprisonment and to pay fine of Rs.10,000/-, in default, to undergo further simple imprisonment for one year and for the offence punishable under Section 498A of IPC to undergo simple imprisonment for a period of two years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment of six months, all the sentences of imprisonment shall run concurrently.

(2.) It is the case of the prosecution that the appellant/accused on 10.11.2010, after he got discharged from the hospital at Sankeshwar, reached his house at Aldal Village, Hukkeri Taluk along with his wife (deceased) and the complainant. On that night, the appellant with an intention to cause death of Smt. Malavva (-?ÀiÁ-?-?À? ((THELAW))) committed murder. It was alleged that the deceased was subjected to physical and mental cruelty, suspecting her fidelity, the accused committed the offences punishable under Sections 498A and 302 of IPC by axing her to death, when the three were sleeping. The complaint was lodged by the father of the deceased i.e. PW1. It was stated that he belongs to Gavanal Village, Hukkeri Taluk and his wife is no more. He had three children namely, CW13, 14 and the deceased; the marriage of the deceased was performed about 15 years back with the accused, who is none other than younger brother of his wife and from the said wedlock two children namely Kum.Prabhakar and Kum.Sujatha were born. The accused is an Agriculturist by profession and also occasionally visiting Goa for his livelihood. It was stated that on 7.11.2010, his daughter brought her husband i.e. accused to complainant's house as the accused was unwell, so the complainant took the accused along with the deceased daughter to Sankeswar Hospital and admitted him for treatment, when the accused recovered, he was discharged on 10.11.2010; all the three reached Aldal village and slept in the house of the accused after dinner. At about 1.30 a.m., on 11.11.2010, he heard the loud sound of her daughter screaming and woke up and saw that the accused had axe in his hand and axed his daughter to death.

(3.) The prosecution in order to establish its case against the accused examined as many as 11 witnesses as PW.1 to PW.11 and produced the documents as Ex.P.1 to Ex.P.14 and got identified six objects as M.O.1 to M.O.6. The accused got examined three witnesses as D.W.1 to D.W.3 and produced the documents as Exs.D.1 to D.5. The Police Authority of Yamakanamaradi, registered the complaint against the accused and after investigation, placed the charge sheet before the Court for the offences punishable under Sections 498A and 302 of IPC. The case was committed to Sessions court. The Appellant pleaded not guilty, hence, the trial was conducted and the accused was convicted by the Sessions Court, Belgaum. Hence, this appeal.