LAWS(KAR)-2019-1-336

MANJUNATHA Vs. STATE OF KARNATAKA

Decided On January 19, 2019
MANJUNATHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26.06.2014 passed by the II Addl.District and Sessions Judge, Tumkur in S.C.No.65/2013 convicting the accused for the offences punishable under Sections 498A, 304B and 302 IPC, 1860. The accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for a period of six months for the offence punishable under Section 302 IPC. For the offence punishable under Section 304B of IPC, the accused was sentenced to undergo rigorous imprisonment for a period of 7 years and for the offence punishable under Section 498A of IPC, he was sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs.5000/- and in default, to undergo rigorous imprisonment for a period of 3 months. It was ordered that the substantive sentence of imprisonment shall run concurrently and the sentence of default of payment of fine shall run consecutively.

(2.) The factual matrix of the appeal is as under:

(3.) During the course of trial, the prosecution in order to prove its case, got examined 12 witnesses as PW.1 to PW.12 and got marked 14 documents as per Ex.P1 to P14. Subsequently, the accused was examined as required under Section 313 of Cr.P.C. for enabling the explanation of incriminating evidence that appeared against him and the accused denied truth of the evidence of prosecution witnesses. Subsequent to recording statement, as contemplated under Section 233 of Cr.PC., the accused did not come forward to adduce any defence evidence.