P. CHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who has suffered a judgment of conviction and sentence passed by the learned Sessions Judge, Kodagu at Madikeri, in S.C. No. 79 of 2008, has preferred this appeal, wherein the learned Sessions Judge has held him guilty for the offence punishable under Section 302 of Indian Penal Code, 1860 and sentenced him to undergo imprisonment for life and to pay a sum of Rs. 20,000/- fine and in default of payment of fine to undergo rigorous imprisonment for two years for the offence under Section 302 of IPC.

(2.) Before adverting to the evaluation of the materials on record, it is just and necessary to have brief factual matrix of the case:

(3.) In fact, it is alleged that, two days prior to the incident also, i.e., on 28-6-2008 there was quarrel between husband and wife at that time, he pushed her down, as a result of which, she suffered some injuries and thereafter she was taken to the hospital and given treatment. Again on 30-6-2008 in the morning and evening the accused and deceased quarreled with each other. Particularly it is alleged that at 4.20 p.m. on 30-6-2008 the accused mercilessly assaulted the deceased with clubs as well as chopper on various parts of her body and later she succumbed to those injuries and died in the house. P.W. 2-Manjula was very much present in the house and thereafter it is the case of the prosecution that accused and P.W. 2 went to the house of P.W. 15 and told him that the deceased was assaulted by the accused. At that time, accused told P.W. 15 that Biddappa had illicit intimacy with the deceased and accused also told P.W. 15 that his wife Padma was unable to come to the house of P.W. 15. After hearing them, P.W. 15 himself went to the house of accused and saw the dead body of the deceased. It appears, thereafter a complaint came to be lodged by P.W. 1, who is none other than the brother-in-law of the accused who came to know about the death of the deceased through P.W. 2-Manjula.