Point of Law: Section 304 Part II IPC relates to punishment but without any intention to cause death.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of the III Addl. Sessions Judge, Shivamogga, in S.C.No.141/2015 dated 03.03.2016. By the said judgment, the appellant / accused has been convicted for offences punishable under Section 302 of the IPC, 1860 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- along with default clause.

2. This appeal is filed by the appellant challenging the aforesaid judgment of conviction and order of sentence, by urging various grounds and seeking for consideration of the grounds urged therein and to set aside the judgment of conviction rendered by the Trial Court in S.C.No.141/2015 dated 03.03.2016.

3. We have heard Smt. Priyanka S. Angadi, learned counsel for the appellant / accused and so also the learned Addl. SPP for the State. Perused the judgment of conviction and order of sentence in S.C.No.141/2015 consisting of the evidence of PW-1 to PW-11 and so also the documents at Exhibits P1 to 24 inclusive of material objects namely MO-1 to MO-6.

4. Factual matrix of the appeal is as under:

It transpires from the case of the prosecution that accused namely Syed Sahil @ Krishnamurthy fell in love with deceased Seema Thasleem and married her about 7 years prior to the incident by getting himself converted from Hinduism to Islam religion. They have two children from their wedlock. It is stated that after their marriage, the accused and deceased were residing in a rented house owned by Smt. Nirmala, W/o. Ananda, situated at Indira Badavane, Gurupura, 5th Cross, Shivamogga. However, on 06.05.2015 at about 2.30 to 3.00 a.m. in the said rented house, it is stated that the accused Syed Sahil @ Krishnamurthy had committed the murder of his wife Seema Thasleema by assaulting on her head with a chopper. As a result of the assault made by the accused, it is stated that she suffered severe bleeding injuries and died.

5. On filing of a complaint by the complainant, criminal law was set into motion by registering a case in Cr.No.282/2015 for offences punishable under Section 302 of the IPC, 1860. Subsequent to registration of the crime against the accused, the Investigating Officer had taken up the case for investigation and conducted investigation thoroughly and laid the charge-sheet against the accused before the Committal Court in C.C.No.613/2015. Subsequent to laying of a charge-sheet by the I.O., the Committal Court passed a committal order as contemplated under Section 209 of the Cr.P.C., thereby committing the case to the Court of Sessions for trial. Subsequently, the case was assigned to the Court of the III Addl. Sessions Judge, Shivamogga in S.C.No.141/2015. Having heard the learned Public Prosecutor and the defence counsel regarding framing of charge against the accused and prima facie case having been found against the accused, charges were framed against the accused for offences under Section 302 of the IPC, 1860. However, the accused pleaded not guilty and claimed to be tried. Accordingly, the plea of the accused was recorded separately.

6. Subsequent to framing of charge, the prosecution had let in evidence by subjecting to examination in all PW-1 to PW-11 and got marked several documents at Exhibits P1 to P24 and so also got marked material objects such as MO-1 to MO-6. Subsequent to closure of evidence on the part of the prosecution, the accused was subjected to examination as contemplated under Section 313 Cr.P.C. Accordingly, incriminating statement was recorded whereby the accused denied the truth of the evidence of the prosecution adduced so far. Subsequent to recording incriminating statement, the accused was called upon to enter into defence evidence if any. But the accused did not come forward to adduce any defence evidence. Accordingly, it was recorded. Subsequently, the Trial Court heard the arguments of the learned Public Prosecutor for the State and the defence counsel for the accused. Perused the