Point of Law: Provisions of Section 303 of the Cr.P.C. gives right to any person accused of an offence before a criminal Court to be defended by a pleader of his choice. The provisions of Section 304 of the Code of Criminal Procedure contemplates legal aid to accused facing charge in case triable by Sessions Judge at State expense.

JUDGMENT :

B.VEERAPPA. J,

1. Yet another appeal which requires remand for the legal errors committed by the learned Sessions Judge as well as learned Public Prosecutor while conducting the proceedings/trial.

2. Accused No.1, who is the husband of the deceased has filed the present criminal appeal against the impugned judgment of conviction and order of sentence dated 17th May, 2016 made in S.C.No.5010/2015 on the file of the IV Additional District and Sessions Judge, Madhugiri convicting him for the offences punishable under Sections 498A and 302 of the Indian Penal Code (for short, hereinafter referred to as 'the Act') and acquitting accused Nos.2 to 4 for the said offences.

I -Facts of the case

3. It is the case of the prosecution that the deceased -Gayathri and accused No.1 were married about three years prior to the incident and the deceased was residing along with accused Nos.1 to 4 in the house of accused No.3 at Yelahanka, Bangalore North Taluk. After the marriage, accused No.1 was suspecting the fidelity of his wife -Gayathri and used to harass her physically and mentally. On 2.9.2014 when deceased-Gayathri, her husband accused No.1 and others had come to the house of C.W.5 -P.W.5 -Venkateshappa for Gowri Festival and on that night at 11.45 p.m., accused No.1 suspecting that the deceased was having illicit relationship with somebody, stabbed her on the left side of the chest, stomach and right arm with a knife and killed her. P.W.3 -Susheelamma -mother of the deceased Gayathri lodged a complaint to the jurisdictional police on the basis of which, a case in Crime No.242/2014 came to be registered against accused Nos.1 to 4 for the offences punishable under Sections 498A and 302 r/w 34 of IPC and after investigation, a charge sheet was filed for the said offences against the accused persons.

4. On committal of the case to the Court of Sessions, the learned Sessions Judge framed the charges against the accused persons for the aforesaid offences, read over the same to the accused persons in the language known to them, who pleaded not guilty and claimed to be tried.

5. Prosecution examined in all 12 witnesses as P.Ws.1 to P.W.12 and relied upon the documentary evidence Exs.P.1 to 16 and got marked the material objects M.Os.1 to 8. After completion of the evidence of the prosecution witnesses, the statement of the accused persons as contemplated under the provisions of Section 313 of the Code of Criminal Procedure was recorded. Accused persons denied all the incriminating circumstances appearing against them and did not chose to lead any defense evidence.

6. The learned Sessions Judge considering the aforesaid material on record, formulated following four points for consideration:

“1. Whether the prosecution has proved that the deceased Gayatri died of stab injuries?

2. Whether the prosecution has proved that accused persons were harassing the deceased both mentally and physically suspecting her fidelity?

3. Whether the prosecution has proved that the accused No.1 stabbed Gayatri with knife?

4. Whether the prosecution has proved that accused stabbed Gayatri with an intention to kill her?

5. What order?”

II -Findings of the Trial Court

7. Considering both oral and documentary evidence on record, the learned Sessions Judge answered all the points partly in the affirmative holding that the prosecution has proved beyond reasonable doubt that the deceased -Gayathri died due to stab injuries; the accused persons were harassing the deceased both mentally and physically suspecting her fidelity; and accused No.1 has stabbed the deceased Gayathri with knife with an intention to kill her. Accordingly, the learned Sessions Judge convicted accused No.1 for the charges leveled against him for the aforesaid offences and sentenced him to undergo simple imprisonment for two years and to pay a fine of Rupees Five Thousand for offence punishable under Section 498A of IPC and life imprisonment with a fine of Rupees Ten Thousand for the offenc