IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL APPEAL NO. 200043 OF 2021 (374(Cr.PC)/415(BNSS))

BETWEEN:

PARASHURAM S/O GOOLAPPA HIREKURUBAR, AGE: 31 YEARS, OCC: COOLIE, R/O. INDI ROAD, BAMB AGASI, VIJAYAPURA, TQ. & DIST. VIJAYAPURA-586101.

…APPELLANT (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585106, (THROUGH WOMEN P.S., DIST. VIJAYAPURA-586101)

…RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 21.11.2020 PASSED BY THE I ADDL. DISTRICT & SESSIONS JUDGE, VIJAYAPUR, IN S.C.NO.95/2019 AND ACQUIT THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A) & 307 OF IPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V. SRISHANANDA)

1. Heard Sri Shivanand V. Pattanshetti, learned counsel for the appellant-accused and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent-State.

2. Appellant has been convicted in S.C.

No.95/2019 on 21.11.2020 by the I Additional District and Sessions Judge, Vijayapura, (for short ‘Trial Court’), for the offences punishable under Sections 498A and 307 of IPC and sentenced as under:

“Acting U/Sec. 235(2) Cr.P.C accused is convicted and sentenced undergo simple imprisonment for one year for the offence punishable U/Sec. 498-A IPC and shall pay fine of Rs.2,000/-(Two thousand only). In default of payment of fine, he shall further undergo SI for a period of Three months.

Acting U/Sec. 235(2) Cr.P.C. accused is convicted and sentenced to undergo simple imprisonment for for the offence Five years punishable U/Sec. 307 IPC and shall pay fine of Rs.10,000/-(Ten thousand only). In default of payment of fine, he shall further undergo SI for a period of Six months.

Out of fine amount realized an amount of Rs.10,000/- shall be paid to complainant/victim as a compensation U/Sec.357 Cr.P.C.

Office is directed forward certified of the DLSA copy to judgment Vijayapur for awarding compensation to complainant/victim under Victim Compensation Act.

Accused is entitled for set off as per Sec. 428 Cr.P.C. for the period spent by accused in the JC as Under Trial Prisoner.

Main sentence imposed on the accused shall run concurrently. Default sentence of accused shall run separately and independently.

MO.1 is ordered to be destroyed after the expiry of appeal period as it is worthless.

Issue conviction warrant of accused accordingly.

Furnish the certified copy of this Judgment to the accused forthwith on free of cost.”

3. Facts in brief, which are utmost necessary for disposal of the present appeal, are as under:

3.1 The charge-sheet material would reveal that PW1-Jayashree is wife of the appellant and their marriage took place and they were living happily for sometime and a son by name Preetham was born to them.

3.2 It is contended that thereafter accused addicted to liquor and was not lookingafter the PW1 and her son and under the influence of liquor he used to picked up quarrel with the PW1 practically and used to physically and mentally harass her. It was also alleged that he never came to contribute for the household expenses and by doing coolie work the PW1 was maintaining the family.

3.3 When the matter stood thus, it is alleged that in the intervening night of 25.05.2019 to 26.05.2019, PW1 was sleeping. At that time accused with an intention to murder his wife, with the help of pillow (M.O.1) tried to smoother her and also pressed her neck. When the said attempt was resisted by PW1, her leg touched the vessels and it fell down and on hearing the sound the vessels, her son Preetham came and opened the door. At that juncture, she told her son that appellant trie