CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE G BASAVARAJA)

Appellant/accused has preferred this appeal against the judgment of conviction and order on sentence dated 31^st March 2021 passed by the V Additional District & Sessions Judge Dharwad sitting at Hubballi (for brevity hereinafter referred to as the ‘trial Court’) in SC No.94 of 2019.

2. For the sake of convenience, the parties herein are referred to with their rank and status before the trial Court.

3. The brief facts of the case leading to this appeal are that the Police Inspector attached to Old Hubballi Police Station submitted charge-sheet against the accused for the offences punishable under Section 302 of the Indian Penal Code .

4. It is alleged by the prosecution that on 11^th December 2018 around 2.00 pm, PW1 gave a complaint to Hubballi Police Station. It was stated in the complaint that the complainant, his wife (accused), his mother and his two minor children are residing in a rental house at 3^rd Cross, Nava Ayodhya Nagar, Old Hubballi. By profession he is a Mason and his mother works in a chilly pounding shop. The accused was working in Cloth Shop for some time back and later was working as an Attender in the Hospital. It