LAKSHMIPATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution, in brief, is as follows:-

(2.) The accused pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution examined 14 witnesses, marked 15 documents as at Ex. P. 1 to P. 15. By the impugned judgment of conviction and order of sentence, the Trial Court convicted the accused for the offences punishable under Sections 498-A and 302 of the Indian Penal Code and sentenced him to undergo imprisonment for three years and to pay fine of Rs. 5,000/- for the offence punishable under Section-498-A and to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default to undergo imprisonment for 6 months, for the offence punishable under Section-302 of IPC. Both the sentences were ordered to run concurrently. Being aggrieved by the same, the present appeal is preferred.

(3.) Shri. Hasmath Pasha, learned Advocate appearing for the appellant vehemently contended that the marriage between the accused and the deceased was a love marriage and hence, question of he subjecting the deceased for mental and physical harassment does not arise. Secondly, he contended that since there was no independent eye-witnesses to incident and as, on the date and time of the death of the deceased, the accused was not at all present in the house, the prosecution has not established the chain of circumstances to implicate the accused-appellant in the alleged murder of the deceased. The trial Court has failed to appreciate the evidence on record in a proper perspective and misdirected itself in convicting the accused. There is no material evidence to indicate that the accused had committed the offences alleged against him and that the statements of the witnesses cannot be believed, as they are all close relatives of the deceased. Hence, he pleads that the appeal be allowed and the accused be acquitted for the offences alleged against him.