RAMACHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused challenging the legality and correctness of the judgment and order of conviction and sentence dated 01.02.2016 passed by the IV Additional District and Sessions Judge, at Madhugiri in S.C.No.5009/2015.

(2.) We have heard the learned counsel for the appellant and the learned Additional State Public Prosecutor on behalf of the respondent - State.

(3.) The case of the prosecution is that the accused and deceased were husband and wife. The accused was not looking after the deceased well and for the maintenance of the family, the deceased used to do coolie work. The accused was addicted to bad vices and used to pick up quarrel and used to assault the deceased demanding money from her, for his bad habits. In that light, on 11.11.2014 at about 8 p.m. the accused asked Rs.100/- from his wife Thungotamma for consumption of alcohol and as she refused to give the money, the deceased picked up quarrel with her and told her that he would put an end to her life and at about 2.30 a.m. on 12.11.2014 when the deceased questioned him as to 'How he asked her money for consuming alcohol, when he does not do coolie work and does not get groceries and other articles to the house?' the accused shouted that instead of giving money, she is advising him and by saying so, he told her that he would end her life and with that intention he assaulted the deceased near forehead with jaali club and also assaulted her near right side of chin, shoulders, near neck, stomach, hands and thighs and then kicked her all over the body and caused her death. On the basis of Ex.P.1 - the complaint, the case was registered in Crime No.130/2014. Thereafter, after investigation the charge-sheet was filed against the accused. The learned Magistrate took the cognizance and after following the formalities, the accused was committed to the Sessions Court. The Sessions Court took the cognizance and after hearing the learned public prosecutor and learned counsel for the accused, charge was framed. Accused denied the charge and as such the trial was fixed. In order to prove its case, the prosecution in all examined PWs.1 to 11 and got marked the documents Exs.P1 to P.18 and 8 material objects. After closure of the prosecution evidence, the accused was examined by putting incriminating material as against him. Accused has not lead any evidence on his behalf and not marked any documents. After hearing the learned counsel for the parties, the Court below has passed the impugned judgment and order of conviction and sentence. Assailing the same, the appellant/accused is before this Court in this appeal.