STATE OF KARNATAKA Vs. BASAPPA

JUDGEMENT

(1.) This appeal is filed by the State against the judgment dated 03.01.2013 passed in Sessions Case No.35 of 2011 on the file of I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru.

(2.) The factual matrix of the case is that the accused being the husband of deceased subjected his wife to cruelty and committed the murder. Hence, the offences are punishable under Sections 498-A and 302 of Indian Penal Code.

(3.) The nutshell of the case of the prosecution is that the marriage between the accused and deceased took place 12 years ago and both of them were living with their two children in the ground floor room which was provided to them in the apartment by P.W.23. On the previous day of the incident i.e., on 08.11.2010, the accused left the house to go to his native place Konnuru leaving his wife and children and brought his mother-in-law (P.W.4) to his house and he left the house at 6 O' clock in the evening on 08.11.2010 and he came back early in the morning at 6 O' clock on the next day. On 09.11.2010 he came and told that he did not go to his village and he came back from Sirsi and told his wife and children to get ready to go to Mangaladevi Temple. It is the further case of the prosecution that the accused took his wife to the terrace in the lift, abused her that since she is not having good character, it is better to die and saying so, he forcibly pushed the deceased from the third floor of the terrace. As a result of the same, the deceased-Hanumavva fell on the ground and sustained grievous injuries on the forehead, both hands and other parts of the body. The injured was taken to the Unity Hospital, which is located near the apartment. Since there was no response, she was shifted to KIMS Hospital, Hubli where the injured died on 12.11.2010.