RAJAPPA N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is preferred against the judgment of conviction dated 24.09.2013 and order of sentence dated 11.10.2013 passed by the I Addl. Sessions Judge at Shivamogga in SC No.195/2012 convicting the appellant/accused for the offence punishable under Section 302 and also under Section 309 of IPC sentencing him to undergo RI for life and to pay fine of Rs.5,000/- with default sentence for the offence punishable under Section 302 of IPC and also sentencing him to pay fine of Rs.2,000/- for the offence punishable under Section 309 of IPC with default sentence.

(2.) Before adverting to the grounds urged before this court by the learned counsel for the appellant, we would like to have the brief factual matrix of this case.

(3.) Pw.1 Subhan has lodged a report, which was registered by the respondent-police in Crime No. 55/2012 for the offences punishable under Sections 302 and 309 of IPC on 15.07.2012. He has alleged in the report that, the deceased Baby is no other than the sister of this person. She was given in marriage to the accused about 25 years ago. It was a love marriage and particularly an inter caste marriage. After the marriage they started living together and they were happy with each other for some time and thereafter, the accused wanted to take her to Bengaluru. But the deceased did not wish to go along with him to Bengaluru. Therefore, about five years prior to the incident, the accused had alone went to Bengaluru and he was residing there. Thereafter, about two years prior to the incident, he came back and started living with the deceased. Both the children born to this couple were grown up and they were actually not residing with the deceased and the accused. It is alleged that the accused and deceased when joined together later, they were not happy with each other. The accused started suspecting the loyalty and fidelity of the deceased and often there were quarrels between each other. In this background, it is alleged that on 15.07.2012, this complainant came to know about the death of Baby through his relatives Mehaboobi and Reshma, who have also informed him that, the accused had committed murder of his wife by throttling her neck and thereafter, he also attempted to commit suicide by jumping into a well nearby. After seeing the same, PW.2-Reshma with the help of others lifted him up and saved him and later he was also shifted to the hospital. They also saw the dead body of the deceased in the house, thinking that, she might be alive, she was also shifted to the hospital. Immediately, this witness went to the hospital wherein the deceased and accused were admitted and thereafter to the place where the accused and deceased were living and thereafter visited the place, where actually the incident has taken place, along with Mehaboobi (CW.5) and Reshma (CW.2/PW.2). But they came to know that, the deceased already breathed her last. On these allegations, the police have registered a case and investigated the matter and submitted the charge sheet against the accused for the above said offences. On the next day of the alleged incident, ie., on 16.07.2012, the accused was arrested and since then it appears he has been in Judicial custody.