SATHISH KUMAR A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dtd. 27/9/2018 passed by the High Court of Karnataka at Bengaluru in Criminal Appeal No.1586 of 2017.

(2.) The appellant was tried in Sessions Case No.1387 of 2010 on the file of the Principal City Civil and Sessions Judge at Bengaluru for having committed the offences punishable under Ss. 302 and 201 of the Indian Penal Code, 1860 ("IPC" for short) and was sentenced by the Trial Court to rigorous imprisonment for life under the first count and to rigorous imprisonment for five years under the second count.

(3.) According to the prosecution, the appellant committed the murder of his wife, namely, Smt. Priyanka Gupta in the early hours of 10/8/2010 and thereafter sought to create an impression that while he had gone out for jogging alongwith his jogging partner PW-2 Kishan Gupta, a call was received from his wife stating that two persons had come to their residence whereupon the appellant conveyed to his wife that they be asked to come later. After the appellant reached the residence, he found that his wife was not opening the door of the apartment. He, therefore, went to the office, collected the spare key and opened the door. He found that his wife was tied to a chair and that her throat was slit. The appellant then made a complaint with Hulimavu Police Station, Bengaluru City at about 9.45 a.m.