VEERESH THATTIMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by the accused appellant questioning the legality and correctness of the judgment of conviction and sentence passed in SC.No.80/2008 on the file of the Principal District and Sessions Judge, Dharwad, wherein the appellant was sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.15,000/- and in default of payment of f ine, to undergo simple imprisonment for one year for the of fence under Section 306 of IPC.

(2.) Brief facts of the said case for the purpose of this appeal are as under:

(3.) According to the complainant on 22.09.2006, the complainant and his family members were sleeping in their house after taking their dinner. In the midnight at about 1.30 a.m., he heard the screaming voice of his brother's wife Nagavva near the door of their house. At that time himself, his mother came out of the house and found that this accused person had caught hold of the said Nagavva. Before the complainant and his mother could question, the accused left the lady and ran away. On hearing the voice, other witnesses who are neighbors of the complainant i.e., Mallanagouda, Rudragouda Karigoudara, Shankaragouda Channabasagouda Halemani, Kallanagouda Andanagouda Bharamagoudra and others came their and chased the said accused person. However, in the darkness as it was Amavasya the accused is said to have escaped. Therefore, the deceased lady felt humiliated and insulted by the act of the accused. She was very much depressed. She attempted to commit suicide on 24.09.2006 at about 11.00 to 11.30 p.m.