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K. SOMASHEKAR, RAJESH RAI K.
Venkateshnaika S/o Balyanaika – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
1. This appeal filed by the convicted Accused No. 1 is directed against the judgment of conviction and order of sentence dated 04.03.2017 passed in S.C. No. 164/2015 by the II Addl. District & Sessions Judge, Davanagere wherein the accused No. 1 is convicted for offences punishable under Section 498A of the IPC and he is sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.10,000/-and in default of payment of fine he shall undergo further simple imprisonment for one year. Accused No. 1 is also convicted for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.50,000/-. In default of payment of fine, he shall undergo further simple imprisonment for two years. Both the sentences were to run concurrently.
2. The brief facts of the prosecution case is that the marriage of the deceased Jyothi Bai was solemnized with Accused No. 1 about 10 to 11 years prior to 26.03.2015. After the marriage, Accused No. 1 led a happy marital life with deceased Jyothi Bai for a few days. Thereafter, Accused No. 1 and her in-laws, that is Accused Nos.2 to 5, in furtherance of their common object, had started to ha
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
Section 299 relates to causing death by doing an act with intention of causing death or with intention of causing bodily injury as is likely to cause death.
The court ruled that the appellant's actions were provoked by the victim's threats, justifying a conviction under Section 304 IPC instead of Section 302 IPC.
The court ruled that actions taken under grave and sudden provocation can lead to a conviction for culpable homicide not amounting to murder, distinguishing it from murder under Section 302 IPC.
The conviction for murder under Sec. 302 IPC can be sustained based on the testimony of a sole eyewitness, provided the evidence is credible and corroborated, and the intent to kill is established th....
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