BHARMA LAXMAN KONI Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused under section 374(2) of the Criminal Procedure Code, being aggrieved by the judgment and order of conviction passed by the II Addl. Sessions Judge, Belgaum dated 20th day of April 2009 in S.C.No.194/2008.

(2.) The appellant/accused herein was charge sheeted for the offence punishable under Sections 307 and 504 of the IPC. Brief facts of the prosecution case as per complaint averments, that P.W.15 complainant stated that she married to Bharma Laxman Kone i.e. appellant/accused herein about 18 years ago and in the wedlock they have a son aged 16 years, as on the date of the incident. She led the life with the appellant/accused for about 10 years and because of differences between the couple, she started living in her parents' house at village Kallol along with her son and her husband has married second wife. Complainant had filed a petition for maintenance in the Court and the Court has directed her husband to pay maintenance. That, about one month ago the accused came over to the house of the complainant at Kallol, took her son on occasion of Sri Kalmeshwar Jatra at Sirur. As the examination of her son were fast approaching, on the date of the incident, the complainant at about 11.00 a.m went to the house of her husband to bring back her son. At that time complainant told her husband that she would take her son, for which the appellant told her that he would bring her son Mahantesh just prior to the examination, therefore she left for village Kallol. The appellant accused accompanied the complainant stating that, he would accompany her up to the village Agasi, saying so he came along with her up to Gundawad cross. At Gundawad cross the said Bharma Kone started abusing the complainant in filthy language, asking her as to why she filed the maintenance petition against him and so abusing took out sickle which he had concealed in his shirt and with an intention to commit her murder, assaulted her with the same, at which time suddenly she brought her left hand to front to save herself, as a result blow fell on her left hand near the wrist and thereafter he further assaulted her with the same sickle on her head and on her back and on the right side of her shoulder and on the right hand elbow. In the said incident, she has lost her left thumb finger. That the Kalmeshwar Bhimappa Kumbar, Srishail Bhimappa Kamble, Appasaheb Shivappa Kavalgudda, Mahadev Bhimappa Magadum who were nearby, rescued her from the clutches of the said Bharma Kone and it was 2.30 p.m., when the incident took place. In the meanwhile her son Mahantesh also came over there. Because of the said assault, her left hand thumb finger was cut and got separated and she suffered bleeding injuries on her head, back and immediately the above mentioned witnesses shifted her to Kudachi Government hospital for a treatment. After recording the said complaint at the hospital, the P.S.I. returned to the police station and on the strength of the same registered the case in their P.S.Crime No.68/2008 for the said offence punishable under Sections 307 and 504 of the Indian Penal Code and issued the FIR.

(3.) The Investigating Officer after completing the investigation filed the charge sheet against the appellant/accused for the offence punishable under sections 307 and 504 of the IPC. Then after hearing both sides charge was framed as against the accused for the said offences. The appellants/accused pleaded not guilty and he claims to be tried, accordingly the matter was posted for recording evidence. The prosecution, in order to prove its case, examined in all 16 witnesses as P.W.1 to P.W.16 and also got marked the documents Ex.P.1 to Ex.P.16 and two Material Objects as M.O.1 and M.O.2. On the side of the accused, no witnesses examined nor any document got marked.