ANANDA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants, who are aggrieved by the judgment of conviction and sentence passed by the Fast Track Court-II, Shimoga, in S.C.No.20/2012, are before this Court. The Trial Court has convicted the accused persons for the offences punishable under Section 302 of IPC and also under Section 448 of IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo sentence of simple imprisonment of three months for the offence punishable under Section 302 of IPC and also sentencing them to undergo one year rigorous imprisonment for the offence punishable under Section 448 of IPC.

(2.) Before adverting to the grounds urged before this Court, as elaborated by the learned counsel for the appellants, it is just and necessary to have a brief factual matrix of this particular case.

(3.) A lady, by name Baby, wife of Jayaram, resident of Kallur Village has lodged a complaint on 04.05.2011, at about 10.20 a.m. before the respondent Police. The brief allegations are that, the husband of the complainant and herself with their three children were residing in Kallur Village. On 03.05.2011, at about 9.30 p.m., accused No.1 Ananda Naika and his sister Lalitabai had some quarrel with each other with regard to some dowry and due to which the said Lalitabai, sister of the accused No.1 came to the house of the complainant and alleged that, accused No.1 was attempting to assault her and she requested for some drinking water. Then the complainant gave some water to her. By that time, accused No.1 Ananda Naika dragged his wife Prema and started assaulting her. However, the complainant and her husband kept quite because the accused and the complainant were not in talking terms. Thereafter, the said Lalitabai, accused No.1 and Prema went back to their house. At that time, the accused No.1 threatened the complainant and her husband with dire consequences.