M. VADIVELU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been filed by the appellant/accused being aggrieved of the judgment of conviction and order of sentence passed by XLV Additional City Civil and Sessions Judge, Bengaluru, (CCH.46) in S.C.No.351/2014 dated 7.1.2016.

(2.) We have heard Sri.Venkatesh P.Dalwai, learned counsel appearing for the appellant/accused and Sri.I.S.Pramod Chandra, learned SPP-II, for respondent/State.

(3.) The case of the prosecution in brief is that the appellant/accused got married the deceased about 12 years back and out of the said wedlock they got one male and one female child. Since five years accused and deceased were residing in Bengaluru and were frequently quarreling with each other. The accused used to give physical and mental torture to the deceased and she was unable to bear the said harassment of the accused and as such deceased was living separately since four months. In that light, on 23.12.2013 at about 3.30 p.m. accused was doing welding work at Banashankari 3rd Stage, Ittamadu, Nanda Glory Apartment and at that time deceased came there and accused had quarreled with her and the deceased threw her turmeric thread and toe rings on the accused and told that she does not want him. Accused being enraged by the said act of the deceased, assaulted on her head with the hammer, as a result of the same she succumbed to the injuries at Nimhans Hospital, Bengaluru on the same day. On the basis of the complaint a case has been registered in Crime No.371/2013. Thereafter, after investigation charge sheet was filed. After filing of the charge sheet the learned Magistrate took the cognizance after following the formalities by supplying the copies of the charge sheet and as the said case was triable by the Court of Sessions, committed the case to the Sessions Court. The Sessions Court took the cognizance and secured the presence of the accused and after hearing both the parties, charge was prepared and read over to the accused. Accused pleaded not guilty and as he claims to be tried, the trial was fixed.