HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Court of the Principal District and Sessions Judge, Chitradurga (hereinafter referred to as "Trial Court" for brevity) in its judgment dated 25.10.2013 passed in S.C.No.145/2012, convicted the present appellant who was an accused before it for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for brevity) and sentenced him accordingly.

(2.) The summary of the case of the prosecution is that on 15.08.2012 at 12.00 noon, PW.1 Murthappa, who is said to be the father of the deceased Bhagyamma lodged a complaint with the respondent-Police stating that his daughter who was married to the appellant/accused herein about 12 years back was residing with her husband in a hut at Venkateshapura Village. On 15.08.2012 in the morning at about 4'O clock, one Sri.Puttappa, the brother of the accused- Hanumanthappa telephoned to one Sri. Srinivasa, the second son of the complainant stating that Bhagyamma having lost breathing has fallen unconscious. The complainant told them to lay her down nearby the temple. On the same day in the morning at 7.30 when these people went to Venkateshapura Village, they saw the dead body of Bhagyamma, which was placed on a platform (katta) of in-law's house of the deceased. He noticed a blackish mark on the neck portion of the deceased. When inquired, the son of the deceased told that on the previous night, the accused who is the father of the said child was quarrelling with his wife i.e., deceased and at about 3'O clock in the morning, stuffing a lungi (a plain cloth like dress material) in the mouth of the deceased, throttled her neck. Seeing this, the child rushed to its grand parents' house (parents of the accused), whose house was nearby. When all of them went to that house, they saw Bhagyamma was dead. The child also told the complainant that thereafter the dead body was laid down on the platform (katta) of the house of the parents of the accused. The complainant has also stated that since the deceased was questioning her husband of his addiction to liquor, the accused has throttled her causing her death. After registering the said complaint in Crime No.366/2012 against the accused for the offence punishable under Sec. 302 of Penal Code and conducting investigation, the respondent-Police filed charge sheet against the accused for the offences punishable under Sections 302 and 201 of IPC.

(3.) Charges were framed. Since the accused pleaded not guilty, trial was held, wherein the prosecution in order to prove the alleged guilt against the accused, examined PWs.1 to 12 and got marked documents from Exs.P-1 to P-13 and Material Objects from MOs.1 to 3.