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2022 Supreme(Kar) 336

K.SOMASHEKAR, T.G.SHIVASHANKARE GOWDA
Suresha, S/o Late Krishnaiah – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI N.R.KRISHNAPPA, ADV.
For the Respondent: SMT.RASHMI JADHAV., HCGP

JUDGMENT :

This Appeal is directed against the judgment of conviction and order of sentence dated 28/29.11.2017 rendered by the Trial Court in Sessions Case No.2/2017, sentencing the appellant/accused to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for three months for an offence under Section 302 of the Indian Penal Code, 1860 (in short 'IPC').

2. Heard the arguments of Sri.N.R.Krishnappa, learned counsel representing the appellant/accused and Smt.Rashmi Jadhav, learned HCGP representing the respondent/State. Perused the impugned judgment and the evidence relied by both sides.

3. The case pleaded by the prosecution in brevity is that, the appellant/accused (hereinafter referred to as 'the accused') was married to one Meenakshi and begotten a female child. Because of the misunderstanding, both husband and wife parted ways and were residing separately. At the same time, one Smt.Radha (deceased in the instant case) was married to one Nanjaiah of Chigateri village. Her marital life with Nanjaiah was failed as there was a frequent quarrel between them and for this reason, deceased Radha left Nanjaiah and came back to her native

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