ESWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused, who has been convicted for the offences punishable under Sections 302 and 498-A of Indian Penal Code and has been sentenced to undergo imprisonment for a period of one year as regards the offence under Section 498-A of IPC with fine of Rs.5,000/- and sentenced to life imprisonment with fine of Rs.10,000/- as regards the offence under Section 302 of IPC, has preferred this appeal. A complaint came to be filed by PW-1, who is the brother of the deceased stating that the deceased was given in marriage to the accused about 19 years prior to the incident. It is stated that in the wedlock they had a girl child who died about five years prior to the incident. It is stated that for the past about 10 years the accused was harassing the deceased to bring money and property from her father. It is also alleged that on several occasions the brothers of the deceased counselled the accused, but the harassment continued. The complainant has stated that on 12.05.2012 at about 12:30 p.m., the accused had called the complainant and informed them that the deceased was suffering from a viral infection and doctor was called to treat the deceased. It is further stated that, at about 9:30 p.m. when PW-1 was contacted, it was informed that the deceased had died. It is stated that the complainant had gone to the deceased's house and noticing the death of his sister complaint came to be filed stating that the accused had killed the deceased by assaulting her with a sickle and also suffocating her by use of a pillow and accordingly requested for appropriate action to be taken. On the basis of the said report, on 13.05.2012 at about 11:30 a.m., an FIR came to be registered and the Police conducted investigation and filed a charge sheet. Subsequently the matter came to be committed to the Court of Sessions and the case came to be tried in S.C.No.296/2012. Charges having been framed and read out and the accused not having pleaded guilty, matter has been set out for trial.

(2.) The prosecution examined 24 witnesses as PW-1 to PW-24 and marked Exhibits P1 to P24. Material objects MO-1 to MO-7 were identified and marked. The 313 statement of the accused was recorded and the accused led his defence evidence through DW-1 to DW-3 and also submitted his written submissions. The Trial Court after a detailed consideration has convicted the accused for the offence under Section 498-A and 302 of IPC and sentenced the petitioner to imprisonment as referred to above.

(3.) The appellant has assailed the impugned judgment of conviction contending that the witnesses have not supported the version of the prosecution, that PW-9 Syed Aslam, PW-10 Babu and PW-13 Dr. Nanjundaiah have been treated as hostile witnesses, that the witnesses who have supported the case of the prosecution belong to the family of the deceased and being interested witnesses, their evidence has not been appreciated in a proper manner; that the case rests on circumstantial evidence, the call records were not obtained, there was no previous complaint regarding harassment of the deceased for dowry, the nonexamination of the mother of the accused who is stated to be present in the house, creates doubts in the story of the prosecution and it cannot be said that the prosecution case has been proved beyond reasonable doubt.