SHIVASWAMY @ KALAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who was the accused before the learned Additional District & Sessions Judge, Chamarajanagara, sitting at Kollegala [henceforth for the sake of brevity referred to as "trial Court"], in S.C.No.26/2014, has challenged the judgment of conviction and order on sentence dated 25.06.2016, passed by the trial Court, convicting him for the offence punishable under Section 306 of Indian Penal Code, 1860 [henceforth for the sake of brevity referred to as " IPC "] and sentencing him to undergo simple imprisonment for a period of five years and to pay fine of Rs.20,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one year.

(2.) The summary of the case of the prosecution is that the deceased Smt.Uma was married to one Sri. Nagendra, who was her maternal uncle ie., younger brother of her mother about 14 years prior to the date of complaint, which complaint was filed on 23.05.2013. Said Uma, even after having two girl children born to her from the wed-lock, since two years was showing some leniency to the accused. Their family members knew that it was an illicit relationship she had established with the accused. Accordingly, a panchayath was also held, wherein the said Uma was suitably advised to discontinue such relationship with the accused. However, after few days, she had started her objectionable relationship with the accused.

(3.) Since, the accused pleaded not guilty, the prosecution examined eight witnesses through PWs.1 to 8 and got marked documents from Exs.P1 to P19 and material object at MO.1. Neither any evidence was led, nor any document was marked from the accused side. The trial Court by its impugned judgment dated 25.06.2016 convicted the accused for the offence punishable under Section 306 of IPC and sentenced him accordingly. It is challenging the said judgment of conviction, the appellant has preferred this appeal.