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 mornin