MAHABOOBSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused being aggrieved by the judgment of conviction dated 17.7.2013 and order of sentence dated 18.7.2013, passed in Sessions Case No.96/2012, by the Principal District and Sessions Judge, Koppal, has filed this appeal.

(2.) It is the case of the prosecution before the trial Court that the accused got married to Mahimoodha Begum two years prior to 27.7.2012 i.e., the date of complaint. The accused was working as tractor driver in Krishna Crusher and Bricks Manufacturing Unit. It is also stated that in the said wedlock they have got a male child aged about 1 1/2 years. It is alleged that the accused was a habitual drunkard and used to quarrel with his wife everyday. The relatives of the deceased had advised the accused not to quarrel with his wife and to look after her well. On 27.7.012 at about 1.00 a.m. in the early morning the complainant and his family members were sleeping at Hamals Colony. At that time the complainant heard the tractor sound and accused shouted and called the complainant, who came out of the house and enquired the accused. The accused told him that his wife was not keeping well and therefore brought her and took her inside the house. It is further alleged that the accused with the help of three other persons who were working with him, took Mahimoodha Begum in the tractor to the house of the complainant who is brother of the deceased. It is further stated that the accused informed them that she is not well. However on the early morning the complainant noticed that Mahimoodha Begum was dead. On enquiry, the accused told him that on the previous evening the deceased insisted him to observe roja and for that he objected and there was a quarrel between them. It is also stated that the accused caused the death of the deceased.

(3.) On the said complaint, Koppal Rural Police registered crime No.147/2012 for the offences punishable under sections 498A and 302 of IPC. After completing the investigation, the said police filed the charge sheet before the JMFC, Koppal, for the aforesaid offences. The learned JMFC took cognizance of the alleged offences, registered the case, secured the presence of the accused and complied the provisions of section 207 of Cr.P.C. Thereafter he heard the learned APP and the counsel for the accused and committed the case to the Court of Sessions acting under section 209 of Cr.P.C.