BHAVANISHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 8.4.2011 passed by the IV Addl. District and Sessions Judge, Mysore in S.C.No.24/2009. By the said judgment, the learned Sessions Judge convicted the appellant-accused for the offences punishable under Sections 498A and 302 of IPC.

(2.) Brief facts of the prosecution case as per the complaint averments Ex.P1, are that, one Nataraj - P.W.1 who is the complainant in this case, is the brother of the deceased. He has stated that about 14 years back his elder sister Rajalakshmi @ Geetha was given in marriage to the appellant-accused. The couple were having one male and one female child. His sister and brother-in-law were residing in the house bearing No.4246, 5th Cross, Gandhinagar. The appellant herein was having illicit connection with one woman by name Mahadevamma. Because of this reason, there used to be quarrel between the appellant and the deceased Rajalakshmi. In this regard, a complaint was also filed before the women police station and also it was informed to the Sahayavani Kendra. In spite of this, appellant herein continued his relationship and was quarrelling with the deceased. On 17.9.2008 at 00 p.m. the appellant came to the house, picked up a quarrel with the deceased and dragged her in the house and caused bleeding injury on her hand. When she screamed, the neighbours neglected thinking that it is a usual affair and kept mum. Thereafter, the appellantaccused committed murder of the deceased by asphyxia at about 4.30 p.m. and was running out from the house and the children of the appellant and deceased namely, Priya and Purushotham have seen him and they were also screaming stating that their father had committed the murder of their mother. Thereafter, the neighbours came to the house of the deceased and on seeing the deceased lying informed the complainant. Immediately, the complainant rushed to the said house thinking that she may be alive, she was immediately shifted to the Mission Hospital. But the doctor after examining her declared her dead. Hence, complainant requested to take legal action against the appellant herein. On the basis of said complaint, initially, FIR came to be registered for the offence under Section 302 of IPC in Crime No.220/2008. After investigation, the Investigating Officer filed the charge sheet for the offences punishable under Sections 498A and 302 of IPC.

(3.) The learned Sessions Judge took cognizance of the offences and on hearing both sides, framed the charges for the above said offences. When the charge was read over and explained to the appellant-accused, he pleaded not guilty and claimed to be tried and accordingly, the matter was posted for trial. The prosecution in support of its case examined in all 18 witnesses and got marked Exs.P1 to P21 with submarkings and two material objects M.Os.1 and 2 were also got marked.