ABDUL GANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal appeal is pre ferred against the Judgment dated 24-3-94 passed by the I. Addl. Sessions Judge, Belgaum, in S. C. 131/93 convicting the appellant-accused for the offence punishable under Sec. 302, I.P.C., and sentencing him to undergo life imprisonment.

(2.) We have heard the learned counsel for the appellant-accused Sri. R. B. Deshpande and the learned Addl. S. P. P. Sri Jadav for the State fully and perused the records of the case.

(3.) The case of the prosecution is as follows : - That deceased Hasina was married to accused No. 1 on 26-12-92 and thereafter she started leading marital life with accused No. 1 at Kudachi and ac cused Nos. 2 to 7 were also living in the same house with the deceased and accused No. 1 at Kudachi, that Hasina was 18 years old and the appellant was old compared to her and he was stammering and there fore, Hasina was not happy with him and was refusing to give him company and A-1 to A-7 were angry with her on the ground that she failed to bring gold ornaments and money as dowry and for these reasons A-1 to A-7 ill-treated her and subjected her to cruelty in their house at Kudachi and thereby they committed the offence punishable under Sec. 498-A r/w S. 34, I.P.C. The further case of the prosecution is that on 26-11-92 at about 1.30 am. in his bed-room situated in his house at Kudachi, A-1 strangulated Hasina by pressing her neck with his hands and caused her death and thereby committed the offence punishable under Sec. 302, I.P.C. and accused Nos. 2 to 7 committed the said offence under Sec. 302 r/w S. 34, I.P.C.