Arali Nagaraj, J.

1. This appeal is by the accused in S.C. No.45/2008 on the file of learned Presiding Officer, Fast Track Court-1, Koppal, (hereinafter referred to as ‘Trial Court’ for short). The appellant-accused has challenged in this appeal legality and correctness of the impugned Judgment and Order of conviction dated 25.11.2009 passed in the said case convicting him for the offences punishable under Sections 498-A and 302 of I.P.C.

2. Stated in brief, the case of the prosecution as alleged in Ex.P12 complaint, which is in the form of dying declaration made by the deceased Smt. Jyothi, the legally wedded wife of the appellant-accused herein is as under-

a) The marriage of the deceased Smt. Jyothi, the daughter of PW6 Smt. Sharadamma, was performed with the accused abut 12 years prior to her death. Of the said marriage, the deceased got two children viz., Pratap aged about 4 years and Manjunath aged about 3 years.

b) Since the past three months the accused was ill-treating the deceased by beating and abusing n connection with his demand for Rs.3 to Rs.4 lakhs from the parents of the deceased on the ground that he required the said money for purchasing a tractor. The