MADEYANDA C. RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction and sentence dated 7.12.2017 passed in S.C.No.77/2015, on the file of the I Additional District and Sessions Judge, Kodagu at Madikeri for the offences punishable under Sections 498A and 306 of IPC. Brief facts of the case:

(2.) It is the case of the prosecution that the accused is an ex-army serviceman who took voluntary retirement and presently working as agriculturist. The accused married deceased Shruthi on 14.11.2008. At the time of marriage, the accused was in service. The deceased was working at Bangalore and after voluntary retirement of her husband, both went and settled in their native place. Out of the wedlock, they are having two children. Till the accused was in service, they were having cordial relationship. Thereafter, the accused was addicted to alcohol and used to ill-treat the deceased. The deceased was a graduate and had written the D.Ed. examination and had worked as a teacher for some time. The accused subjected the deceased for both mental and physical harassment. As a result, the deceased committed suicide on 27.12.2014 at about 5.45 p.m. by hanging herself in the bedroom using chudidar veil. Hence, a case came to be registered against the accused for the offences punishable under Sections 498A and 306 of IPC. The police investigated the case and filed the charge-sheet against the accused for the said offences.

(3.) The prosecution in order to prove the case against the accused, examined P.Ws.1 to 14 and got marked Exs.P.1 to 12 and M.Os.1 to 4. The accused was also subjected to 313 statement. The accused also examined two witnesses as D.Ws.1 and 2 and relied upon Exs.D.1 to 10. The Court below considering the material on record, convicted the accused for the offences punishable under Sections 498A and 306 of IPC and sentenced to undergo rigorous imprisonment for three years with fine of Rs.5,000/- under Section 498A of IPC and in default of payment of fine to undergo simple imprisonment for two months and; six years rigorous imprisonment with fine of Rs.7,500/- under Section 306 of IPC and in default of payment of fine to undergo simple imprisonment for three months. The accused being aggrieved by the judgment of conviction and sentence has filed the present appeal before this Court.