This appeal of the accused arises out of the order of conviction and sentence dated 08.01.2015 passed by the I Addl. Sessions Judge, Davanagere in S.C. No.20/2014.

2. Halavagilu Police of Harapanahalli charge-sheeted the appellant in Crime No.187/2013 of their Station, for the offences punishable under Sections 306, 323, 498-A and 504 of IPC on the basis of the complaint of Sri K. Somalingappa.

3. The gist of the said complaint is as follows: His elder sister Kavitha was married to the accused about twelve years back. The couple have two sons by name ‘Sunil’ and ‘Abhi’, aged 11 years and 9 years respectively. The accused is addicted to alcohol and used to come home drunk and ill-treat Kavitha physically and mentally. On 25.10.2013 at 9.00 p.m., the accused came home drunk and abused Kavitha in foul language, uttered that she should consume poison and die, beat and kicked her. Himself, his uncle Somanna and elder brother Lingappa intervened, rescued Kavitha and pacified her. Next morning Kavitha was found struggling due to consumption of poison. They shifted her to C.G.Hospital and she died there at 11.15 a.m.

4. The respondent – police conducted the investigation and filed the charge-sheet as aforesaid. The Magistrate after taking cognizance committed the case to the Sessions Court. The Trial Court after hearing the parties, framed charges against the accused for the offences punishable under Ss. 498-A and 306 of IPC. The accused denied the charges and claimed trial.

5. The prosecution got examined PWs 1 to 9 and got marked Exs.P1 to P9. The accused was examined under S.313 of Cr.P.C. with reference to incriminating material. He did not lead any defence evidence. The Trial Court on hearing both sides, by the impugned Judgment convicted the accused for the offences punishable under Ss. 498-A and 306 IPC and sentenced him to simple imprisonment of one year and fine for the offence under S.498-A IPC and for 10 years rigorous imprisonment and fine for the offence punishable under S.306 of IPC.

6. The case of the prosecution in brief is as follows:

That the marriage of the accused and the deceased Kavitha was solemnised twelve years prior to the date of incident namely 25.10.2013. The accused was a resident of Bevinahalli Village. The accused was addicted to alcohol. He used to come home drunk and ill-treat Kavitha physically and mentally. The couple have two sons by name ‘Sunil’ and ‘Abhi’ aged about 11 years and 9 years respectively. Since the accused was ill-treating Kavitha, after two years of their marriage, the parents of Kavitha got them shifted to Hallikere (their Village) in Harapanahalli Taluk. By the side of their house, they got constructed a thatched house for the family of Kavitha. The accused and Kavitha lived in that house and eked out their livelihood by doing coolie work. Even after shifting to Hallikere the accused continued boozing and ill-treating Kavitha. Despite the advice and request of the elders the accused did not mend his behaviour. On 25.10.2013 at 9.00 p.m. the accused came home drunk and abused Kavitha in filthy language, beat her and kicked her. Further he prompted asked her to die by consuming poison and not to appear before him once again. PW Nos.1, 8 and 10 intervened and pacified the quarrel. On 26.10.2013 at 9.00 a.m., being humiliated by the conduct of the accused, Kavitha consumed poison. PWs 1 and 8 shifted her to hospital. There she died at 11.15 a.m. Thereby the accused committed the offence of cruelty and abetment to commit suicide punishable under Sections 498-A and 306 of IPC.

7. The Trial Court recorded the impugned order of conviction and sentence against the accused on the ground that the evidence of PW-1 the brother of the deceased, PW-3 the mother, PW-4 and PW-7 the acquaints of the family of the deceased, PW Nos.5 and 8 to 11 the neighbours and PW-12 the son of the accused and the deceased has established that the accused subjected the deceased to cruelty and instigated her so a