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2019 Supreme(Kar) 733

H.B.PRABHAKARA SASTRY, H.T.NARENDRA PRASAD
Manja @ Manjunath S – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
P.D. Subrahmanya, Adv., I.S. Pramod Chandra, Adv.

JUDGMENT :

H.B.Prabhakara Sastry, J.

The appellant has preferred this appeal challenging the judgment of conviction dated 24.07.2015 and order on sentence dated 29.07.2015, passed by the learned II Addl.District & Sessions Judge, Davanagere, (hereinafter for brevity referred to as 'trial Court'), in S.C.No.150/2013, convicting him for the offence punishable under Section 302 of Indian Penal Code, 1860, (hereinafter for brevity referred to as 'IPC') and sentencing him accordingly.

2. The summary of the case of the prosecution is that the deceased Yashodamma was the wife of one Ganeshappa, who happens to be the uncle of the accused. Said Ganeshappa died about six years earlier to the death of Yashodamma. After his death, Yashodamma was residing in Harosagara Village, in her husband's house along with her two children. The accused was also residing in the said house along with Yashodamma. During that time, he developed intimacy with Yashodamma and he was having illicit relationship with her. Thereafter, the accused started to suspect the chastity of Yashodamma and he used to obstruct her from speaking with others. On 13.8.2013, in the evening, Yashodamma had been to Davanagere and return

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