John Michael Cunha, J.

This appeal is by the convicted appellant/accused against the judgment and order dated 13.6.2011 passed by the Addl. District & Sessions Judge and Fast Track Court, Hassan in S.C. No. 70/2008.

2. The appellant/accused is tried and convicted by the Trial Court for the offence punishable under Section 498-A & Section 302 of Indian Penal Code.

3. The case of the prosecution in brief is that deceased Mamatha was the wife of the accused/appellant herein. The marriage of the accused and deceased Mamatha was performed in the year 1998. For about one year, they lived happily and one year after the marriage, the deceased gave birth to a child named as Usha. Thereafter, the appellant started assaulting and ill-treating the deceased asking her to bring one or the other things from her parents' house. About five years back, the appellant contracted T.B. and at that time, the complainant namely the brother of the deceased looked after the treatment of the appellant. In spite of that, appellant did not desist from ill-treating the deceased and in this regard, a complaint was lodged in Kadur police station and number of panchayats were also conducted. About two years back, the appellant assaulted the deceased and sent her to her parents house. After mediation once again, she was sent back to the house of the accused. About two months prior to the incident, once again, the accused assaulted and sent her back to the house of the complainant. About one week prior to the incident, the appellant asked the deceased to return to the matrimonial home and when the deceased refused to join the accused, the accused threatened to kill her. Two days thereafter, the father and uncle of appellant came to the house of the complainant and asked the deceased to return to the matrimonial home and when she refused on account of the ill-treatment meted out to her in the matrimonial house, the father and uncle of the accused demanded the deceased to return the gold jewellery and when she refused, they threatened that they know how to take back their jewellery.

4. That being the case, on 22.10.2007, the brother of the deceased, Sri. K.C. Satish PW-1 had been to Arasikere to bring electrical goods and the mother of the deceased Smt. Mallikamma PW-2 had gone to the fair at Banavara; the deceased was alone in the house. At about 1.45 p.m., deceased rang up to the mobile phone of the complainant PW-1 and informed him that appellant had come home and had been threatening to kill her. Immediately, the complainant informed the matter to his mother over phone and both of them rushed to the house and by the time they reached home at about 2.15 p.m., they found the deceased with cut injuries on her head and neck and on enquiry with the neighbours, the complainant was informed that about 2.00 p.m., the appellant picked up quarrel with the deceased and assaulted her with a chopper on her head and neck and went away carrying the chopper with him.

5. On the basis of the complaint lodged by PW-1 K.C. Satish the brother of the deceased, Banavara police registered a case against the appellant and against his father Gangadharappa and his Uncle Shadakshari for the offences punishable under sections 498-A, 114, 302, Indian Penal Code. After investigation, the Circle Inspector, Arasikere Rural Circle laid the charge-sheet against the appellant and two other accused. The appellant herein was charged for the offence punishable under sections 498-A and Section 302 r/w 34, Indian Penal Code. However, accused Nos.2 and 3 having absconded, a split up case came to be registered against them in C.C.No.238/2008. After their arrest, S.C. No. 119/2008 came to be registered against accused Nos.2 and 3. The appellant herein was tried in S.C.No.70/2008. In a joint trial, the learned Sessions Judge recorded the evidence of 20 witnesses as PW-1 to PW-20, received in evidence Exs. P1 to P14 and the material objects at M.Os. 1 to 11. Accused got marked Ex-D1 to Ex-D3. Upo