RAMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who was convicted by II-Additional District and Sessions Judge, Raichur, in S.C.No.157/2013 has preferred this appeal. The trial Court has convicted the appellant for the offences punishable under Sections 498-A and 307 of IPC and sentenced him to undergo rigorous imprisonment for two years for the offence punishable under Section 498-A of IPC with a fine of Rs.5,000/- with default sentence and also sentenced him to undergo rigorous imprisonment for 7 years with a fine of Rs.10,000/- with default sentence for the offence punishable under Section 307 of IPC.

(2.) I have heard the arguments of the learned counsel for the appellant and the learned High Court Government Pleader for the respondent-State and carefully perused the records.

(3.) Brief facts of the case of the prosecution as could be seen from the entire materials on record is that the appellant and his wife by name Hampamma along with their children were residing at Nasalapur in Raichur District. The accused/appellant was addicted to alcohol and he used to quarrel with his wife often. In fact, the said Hampamma was taking care of the entire family. Having frustrated with the activities of the accused, the injured-Hampamma and her children had been to the house of her parents at Sasalamari village. However, the said Hampamma used to visit Nasalapur fifteen days once along with her children. Even on those occasions, the accused used to quarrel with his wife. It is also the case of the prosecution that, accused had 5 acres 30 guntas of land in Nasalapur village and he had given the said land to some other person for cultivation and taken money and spent the said amount for his vice habits. When the facts stood thus, the injured-Hampamma filed case against her husband for maintenance and other reliefs. In fact, the appellant has taken second wife by name Laxmi and he has ill- treated her and therefore, she had also went to her parental house. The injured Hampamma and her children had been to Bengaluru for some time for the purpose of eking their livelihood. About three months prior to the incident, the accused requested his wife Hampamma to go back to his village so that they can take back their land and cultivate themselves and assured the injured that he would take care of them with all love and affection. Believing the words of the accused, it appears wife of the accused and children came back to Nasalapur village. About a week thereafter, the accused treated them with all love and affection and in fact, the said Hampamma got amount of Rs.10,000/- from her father-in-law and gave an amount of Rs.8,000/- to the accused for the purpose of cultivating the land. In fact, some portion of the amount was misutilized by the accused for his vice habits. It is further alleged that, the accused has broken his promise and again started ill-treating and harassing the said Hampamma and the children.