dated

31.07.2010/03.08.2010 passed by the III Additional

District

and

Sessions

Judge,

D.K.,

Mangaluru

in

S.C.No.13/09-convicting the appellant/accused for the

offence p/u/s 498-A & 306 of IPC, etc.

This Criminal Appeal coming on for hearing this

day, the Court delivered the following:

:: 2 ::

JUDGMENT

The

judgment

of

conviction

against

accused for the offences under section 498A and

306 IPC in S.C.No.13/2009 on the file of III Addl.

District and Sessions Judge, Dakshina Kannada,

Mangaluru is assailed in this appeal.

2. The prosecution case is like this:-

The accused was the husband of Laxmi, the

deceased. They had a child by name Manikanta.

Though they hailed from North Karnataka region,

they were working as coolies in a village near

Mangaluru. The accused was addicted to liquor

and stupefying substances. He was harassing his

wife. PW.1, Mallesha @ Mallappa, brother of the

deceased was residing with them. On 13.9.2008,

PW.1 and the accused returned to their house at

12.00 noon after finishing coolie work. The

accused was fully drunk. At that time along with

PW.1 and the accused, one Chandrappa, uncle of

:: 3 ::

the accused was also present. The deceased

prepared lunch and