MARIYANNA S/O MARISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused, assailing the judgment and order of conviction and sentence dated 11.11.2009, passed by the Additional District and Sessions Judge and FTC, Chitradurga in SC.No.71/2008.

(2.) The genesis of the case of the prosecution is that accused got married to Yellakka, the daughter of the complainant about five years prior to the incident and thereafter accused started ill-treating and harassing by suspecting her fidelity. In that light, on 13.4.2008, in the morning hours, accused took Yellakka to Hagarihalla to fetch the firewood and strangulated her with towel. Thereafter, with an intention to conceal the evidence, he covered the dead body with stone and mud. Three days thereafter he informed PW.1, the mother of the deceased Yellakka over phone by saying that her daughter Yellakka was missing from his house since three days. The people were also talking that the accused has committed the murder of the deceased near Hagarihalla. Complainant and other persons went near halla in search of the deceased Yellakka and at that time, accused was trying to cover the body with stone and mud, by seeing the people gathered there he ran away from the said place.

(3.) In order to prove its case, the prosecution in all has examined 16 witnesses as PWs.1 to 16 and got marked Exs.P1 to P10 and MO.Nos.1 to After closure of the prosecution evidence, accused came to be examined under Section 313 of Cr.P.C. by putting incriminating material against him, but he denied the same. After hearing both the parties, the trial Court passed the impugned judgment and order convicting the accused for the offences punishable under Sections 302 and 201 of IPC. Being aggrieved by the same, the accused is before this Court in the present appeal.