- (1.)The accused-appellant has been held guilty under Section 302 IPC for causing the death of his wife Annapurnamma on 22-4-1996 at about 11.00 a.m.
(2.)The prosecution case is that it was a love marriage between Annapurnamma, the deceased and Chandrashekarappa, the accused-appellant performed on 27-11-1995 in a temple. Ramalingappa, PW 3, the father of the deceased and Lolakshamma, PW 8, the mother of the deceased and their relations were not initially happy with the marriage as it was not to their liking. A little later, the parents of the deceased reconciled with the marriage and accepted the appellant as their son-in-law. However, the charm of the marriage did not last long and the deceased and the accused-appellant soon fell apart. Some difference developed between them and the deceased moved to her parents. Once again she joined her husband. A few days before the date of the incident, the father of the deceased was asked by the appellant to take the deceased with him. Ramalingappa, the father, insisted on the accused accompanying his daughter to his house on which condition alone, Ramalingappa said that he would take his daughter to his home. The accused agreed. The accused, the deceased and Ramalingappa then left Village Bhadravathi where the accused resided, for Jeenahalli, the village where Ramalingappa resides, in a bus. The accused and the deceased reached the house of Ramalingappa. For 4 to 5 days before the date of the incident, the accused and the deceased were residing with Ramalingappa and Lolakshamma. There were only four inmates in the house on the date of the incident - the accused, the deceased and her parents.
(3.)On 22-4-1996 in the early morning, Lolakshamma left the house for collecting grass for the cattle, leaving behind Ramalingappa, the accused and the deceased in the house. In the morning, the accused had also gone out of the house for some time. He returned a little before 11.00 a.m. and entered the house whereon Ramalingappa went out of the house. As stated by Ramalingappa, he did not use to stay in the house when the accused and the deceased were inside the house. Ramalingappa was sitting outside the house at a short distance. A little later, he found the accused coming out of the house hurriedly and going away. Ramalingappa became suspicious. He entered the house and found his daughter lying inside the kitchen room with her face upward. He was perturbed. He raised a hue and cry. The village people collected. They called Annapurnamma by name but she did not respond. Dr Basavarajappa, PW 2, a private medical practitioner was called to see Annapurnamma. He came and declared Annapurnamma dead. Ramalingappa then proceeded to police station and lodged first information report of the incident at about 5.30 p.m., at Police Station Nyamathi, situated at a distance of about 10 kilometres from the village. The FIR was taken down by K. Chandru, PW 20.