BHADRI @ VEERABHADRI Vs. STATE BY RURAL POLICE STATION

JUDGEMENT

(1.) The present appeal is preferred by the sole accused being aggrieved by the judgment and order of conviction and sentence dated 4.2.2011 passed by the Fast Track Court, Bhadravathi, in SC.No.39/2009.

(2.) The brief case of the prosecution as per the complaint at Ex.P1 is that the complainant Bhyrappa is having two daughters and a son, namely Kavitha, Savitha and Manjunatha. Kavitha was given in marriage to accused Veerabhadrappa, a distant relative's son of the complainant, seven months prior to the alleged incident. Accused and Kavitha used to reside for some time at Byadarahalli, Bengaluru and about two months prior to lodging of the complaint, they came and started residing in a separate room of the house of the complainant at Kambadal. It is further case of the complainant that on 18.11.2008 at about 8.00 p.m., when the complainant and his wife had been to Dharmasthala, the accused picked up a quarrel with Kavitha-PW.5, the daughter of the complainant by assaulting her with regard to serving of meals to him. When they were quarrelling, the deceased Shanthamma who had come to the house of the complainant about one week back to see his younger sister who was not keeping well, intervened to rescue Kavitha from the assault of the accused. Accused being enraged, told her as to why she intervenes when he was assaulting his wife Kavitha and he threatened her. Thereafter he took a piece of brick which had fallen outside the house and assaulted on the chest, stomach, head and ribs of the deceased Shanthamma. Immediately the deceased fell down by making hue and cry. At that time, children and parents of the complainant poured water on her face. Thereafter, she was taking long breath and suddenly stopped breathing and died. By that time, the neighbourers came to the spot and on seeing the incident, they caught hold of the accused Veerabhadra and tied him to a tree. When the complainant and his wife came from Dharmastala on 19.1.2008 at about 6.00 p.m., he saw the dead body of Shanthamma and on hearing the incident from his children and the other persons, he went and filed the complaint as per Ex.P1. On the basis of the said complaint, a case was registered in Crime No.225/2008 by Bhadravathi Rural Police against the accused for the offence punishable under Sections 323 and 302 of IPC. After completion of investigation, the Investigating Officer laid the charge sheet. Thereafter the case was committed to the Sessions Court. The Sessions Court secured the presence of the accused and after hearing the learned counsel appearing for both sides, framed the charge which was read over and explained to the accused. Accused pleaded not guilty and claimed to be tried and as such the trial was fixed.

(3.) In order to prove its case, the prosecution in all has examined 13 witnesses and got marked 13 Exhibits and one Material Object. After closure of the prosecution evidence, the statement of the accused was recorded under section 313 of Cr.P.C., 1973 and accused denied the incriminating circumstances as against him. However, he has not chosen to lead any evidence on behalf of him. After hearing both the parties, the trial Court came to the conclusion that the accused has committed the alleged offence and has convicted and sentenced him to undergo imprisonment for life and to pay fine of Rs. 1,000/- for the offence punishable under Section 302 of IPC and further sentenced to undergo SI for a period of one year for the offence punishable under Section 323 of IPC. Assailing the same, the accused is before this Court in the present appeal.