STATE BY PAVAGADA Vs. NAGARAJA

JUDGEMENT

(1.) The present appeal arises out of the judgment and sentence dated 28.08.2014 and 30.08.2014 passed in S.C.No.210 of 2012 by the 4th Additional District and Sessions Judge, Madhugiri convicting the accused for offences punishable under Section 302 of IPC to undergo life imprisonment and under Section 201 of IPC to undergo simple imprisonment for two years with both sentences to run concurrently.

(2.) The case of the prosecution is that Prameela, the younger sister of the complainant-Ramalingappa (PW-1) married the accused about 17 years before the incident which occurred in the year 2012. Out of their wedlock, two daughters and one son were born to them. The accused and the deceased used to quarrel frequently. In the year 2011, the accused had driven out the deceased from his house. At the intervention of Pandurangappa (PW-2), Shivanna (PW-3) and Narayanappa (PW-4), the deceased was sent back to the house of the accused. Despite the advice of the Panchayathdars, the accused failed to stop ill-treating the deceased.

(3.) On 03.07.2012 at about 10.00 a.m., accused and the deceased had been to Kanivemaramma Temple and returned around 3.00 p.m. At about 7.00 p.m., daughter of the deceased Bharathi (PW-12) had informed the complainant that their parents had gone out to bring firewood and they had not yet returned home.