Budihal R.B., J.

This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 10-7-2013 passed by the Principal Sessions Judge, Udupi in S.C. No. 19 of 2012 wherein the appellant-accused has been convicted for the offences punishable under Sections 307 and 302 of Indian Penal Code, 1860.

2. Brief facts of the prosecution case are, P.W. 1-Smt. Jyothi lodged the complaint as per Ex. P. 1 wherein it is stated that she is residing in address mentioned in the complaint, along with her husband Prabhakara, sister Shailaja and her two children namely, Pradeep and Prajwal and she is a house wife.

3. Marriage of her sister Shailaja was performed about two years back with A run Kumar and he was doing sculpture work at Coimbothur. The marriage of the complainant with accused-Prabhakar was performed seven years back. The husband of the complainant is a short tempered man, picking up quarrel with the complainant for petty matters; complainant and her sister Shailaja were pacifying the same. The husband of the complainant is also doing sculpture work at Kerala and he came to the native for two days for Diwali Festival. On 26-10-2011 morning, in connection with the household work, husband of the complainant started making galata and he assaulted the complainant with hands. In the meanwhile, Shailaja, the sister of the complainant came and she objected to the husband of the complainant saying that why unnecessarily he is assaulting Jyothi; at that time there was exchange of words between Shailaja and husband of the complainant. Then, the husband of the complainant went out and it was at about 10.00 a.m. Thereafter, complainant and her sister were in the house and the children of the complainant were taken by Geetha, sister of the husband of the complainant. Husband of the complainant, after coming from the market started to make galata and he asked to provide him payasa and he screamed loudly; when she gave payasa to him, he threw the same abusing the complainant in filthy language. In the meanwhile, sister of the complainant came and questioned as to why he is abusing her sister. Then the husband of the complainant took knife from the TV show-case and told Shailaja that he will commit her murder. The sister of the complainant came outside the house on the road and husband of the complaint made her lay on the ground and assaulted with knife on chest portion and on the light hand. The complainant screamed and made a hue and cry. Then, one Ravi came running to prevent the same. The husband of the complaint assaulted Ravi also with knife. It was at 4.30 p.m. The neighbors also came to the said place, and then the husband of the complainant went away from that place. Shailaja sustained serious injuries and was not in a position to speak. Thereafter, Shailaja (deceased) and Ravi were shifted to Karkala Government Hospital in an autorickshaw. After examining, Doctor declared that Shailaja was already dead and Ravi was shifted to KMC Hospital, Manipal for higher treatment. The husband of the complainant, in connection with the household work, made galata and when it was questioned by the deceased Shailaja, he assaulted with knife and committed her murder and he also caused injury to the complainant and Ravi. Hence, she requested to take legal action against her husband. On the basis of the said complaint, case came to be registered in Crime No. 145 of 2011 for the offences punishable under Sections 324, 307 and 302 of Indian Penal Code.

4. Investigating Officer conducted investigation and filed the charge-sheet against the accused for the offences punishable under Sections 324, 326, 307 and 302 of Indian Penal Code.

5. Learned Sessions Judge framed the charges against appellant-accused for the offences punishable under Sections 323, 504,506, 320 and 326 or 307 of Indian Penal Code. After the charge was read over and explained to the accused, since the accused denied the charges, the matter was s