PRAKASH BOVI ALIAS CHIKKANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution in brief is as follows:

(2.) That on 28.06.2009 at about 9.00 a.m. the complainant received a phone call from her grand son PW-9 stating that the deceased was not well as the accused assaulted her mercilessly. Therefore, he requested the complainant to come to their house. Thereafter, the complainant visited the house at about 4.00 p.m. and she was told about the assault made by the accused to the deceased. Since it was evening, no panchayat was convened. The complainant informed the elders of the village and they all came near the house of accused and warned him not to harass his wife. That on 30.06.2009 at about 8.00 a.m., yet again there was a quarrel between the husband and the deceased. The accused assaulted the deceased and threatened to kill her. At that time, the complainant went out of the house to inform the matter to the villagers over phone. She returned to the house at about 11.00 a.m. At that time, the door was locked from inside. She shouted for the deceased. Nothing happened. Through the hole in the door, she saw that the deceased was hanging from the roof of the house. The neck was tied with a saree. On shouting, many villagers came therein. They broke open the door, went inside and cut the saree. By that time, the deceased had already expired. Based on these averments, the complaint was lodged against the accused for the offence punishable under Sections 498-A and 306 of Indian Penal Code (for short "IPC"). The accused was thereafter arrested. Investigation was taken up. Thereafter, a charge sheet was laid for the offences punishable under Sections 498-A and 306, IPC. The accused pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, the prosecution examined 18 witnesses and marked 12 Exhibits along with 8 Material Objects. By the impugned judgment, the accused was convicted for the offence punishable under Section 498-A of IPC and sentenced to undergo rigorous imprisonment for a period of two years with a fine of Rs.500/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of one month. He was also convicted for the offence punishable under Section 306 of IPC and sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.1,000/- in default of payment of fine, to undergo further rigorous imprisonment for a period of three months. Aggrieved by the same, the present appeal is filed.