BANDARAKALLI PARASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused being aggrieved by the Judgment of conviction and order of sentence dated 26.10.2011 passed in Sessions Case No.123 of 2009 on the file of Fast Track Court-III, Hospet has filed this appeal.

(2.) The case of the prosecution in brief is as follows: The complainant-Sri.Channabasappa performed the marriage of his youngest daughter-Halamma with accused Bandrakali Basappa, S/o.Halappa about 10 years back and she was living with him along with his mother-Chinnamma and his younger brother-Sangappa and doing coolie as well as agriculture work for their livelihood. The accused had a son and two daughters. The accused used to pick up quarrel with his wife-Halamma. Halamma's parents had advised him not to ill-treat her. These being the facts, on 08.07.2009 at 6.00 p.m. the accused returned to home and asked his wife- Halamma to give water, as there was little late in giving water, the accused with an intention of causing the death of his wife-Halamma assaulted on her head and other parts of the body with an iron kunte-kuda (an agricultural equipment) and caused grievous injuries to her and when his mother-Chiannamma tried to rescue Halamma, the accused assaulted her with the said weapon and caused injuries to her, consequences to the injuries caused by the accused his wife-Halamma died in the kitchen room of the house. The accused went away from the house along with weapon.

(3.) In this regard, the complainant-Channabasappa the father of deceased-Halamma filed complaint,o n the basis of which Hirehadagali police have registered a case in Crime No.53 of 2009 and after investigation of the matter filed the charge sheet for the offences punishable under Sections 302 and 324 of Indian Penal Code (for short 'I.P.C.'). The accused has been in judicial custody since the date of his arrest on 10.07.2009. The learned Magistrate before whom the charge sheet was filed took the cognizance of the alleged offences and after complying with Section 207 of Cr.P.C committed the case to the Court of Sessions and on the receipt of the records the case was registered in Sessions Case No.123 of 2009 on the file of Fast Track Court-III, Hospet. Accused was secured, he was represented by an advocate.