M KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is the sole accused before the LXIII Additional City Civil and Sessions Judge, Bengaluru, in Sessions Case No. 551 of 2012, who was convicted for the offence punishable under Sec. 302 of the Indian Penal Code (for short, 'the I.P.C.') vide judgment dated 31-10-2017 and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000.00. Out of the fine amount, Rs.40,000.00 is awarded as compensation to be payable to P.W.1-Manjula. Being aggrieved by the judgment of conviction and order of sentence, the appellant is before this Court.

(2.) We have heard the arguments of the learned counsel for the appellant and also the learned Additional State Public Prosecutor for the respondent-State. We have carefully looked into the material available on record.

(3.) Learned counsel for the appellant has submitted before this Court that, it is a clear case of suicide by the deceased, as she was married to the accused much against the wishes of her family members. Therefore, she was frustrated in life and committed suicide on 18-12-2011. Though she has committed suicide at the instance of her family members, the parents of the deceased have concocted a case against the accused. Police have laid a charge-sheet for the offence punishable under section 302 of the I.P.C. Learned counsel also contended that, even if the entire case of the prosecution is accepted, the offence would not fall under Sec. 302 of the I.P.C., but it may fall under Sec. 304 of the I.P.C. Therefore, the learned counsel submitted that, the sentence passed by the trial Court may be modified.