The exception of grave and sudden provocation under Section 300 of the IPC is not applicable where the accused inflicts multiple fatal injuries with a deadly weapon, indicating a clear, sustained intent to kill rather than a momentary loss of self-control.

THIS CRIMINAL APPEAL IS FILED U/SEC. 374(2) OF CR.P.C. (415(2) OF BNSS-2023) SEEKING TO ALLOW THE CRIMINAL APPEAL AND TO SET ASIDE JUDGMENT AND ORDER OF CONVICTION DATED 21.10.2022 AND SENTENCE DATED 27.10.2022 PASSED BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD IN S.C.NO. 154/2019 IN PUNISHABLE UNDER SECTION 302, 307 OF IPC AND ACQUIT THE APPELLANT IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH

AND

THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the learned counsel appearing for the appellant and also the learned Addl. SPP appearing for the respondent/State.

2. This appeal is filed against the judgment of conviction dated 21.10.2022 and order of sentence dated 27.10.2022 passed in SC No.154/2019 by the learned IV Addl. District and Sessions Judge, Dharwad (for short, ‘Trial Court’) for the offence punishable under Sections 302 and 307 of IPC and prays this Court to acquit the accused.

3. The factual matrix of case of the prosecution before the trial Court is that the complainant by name Devakka, mother of the victim, lodged a complaint stating that she had performed the marriage of her daughter 7 years back with the accused and in the said wedlock, both of them having three children. The accused, who is the son-in-law of PW1, was suspecting the fidelity of the victim and was ill-treating and assaulting her without any reasons. Hence, the daughter of PW1 came and settled in her house. But in view of the intervention of elders of the village, advised the accused and inspite of it, he continued the ill-treatment on the victim. That on 15.05.2019, the accused went to Kalakeri and sought permission to take his wife and children to his village Shalavadi, as there is Guru Shanteshwara Jatra in the village and accordingly, the complainant (PW1) along with her daughter and grandchildren went to Shalavadi. On the same day, after having dinner at around 10 o'clock, the complainant and her grandchildren had slept in front of the house and her daughter Smt.Lakshmi and son-in-law i.e. accused had slept in the room inside the house. After sometime, the complainant's daughter Smt.Lakshmi came out of the house with hue and cry; at that time, the accused followed her with chopper in his hand and abused her in a filthy language and with an intention to kill her, inflicted the injury on her neck, head and hand and caused the grievous injuries. When the complainant went to rescue her daughter, the accused also assaulted the complainant with the same weapon on her neck and hand and caused grievous injuries. On hearing the hue and cry, the neighbours came and pacified the dispute and at that time, the accused ran away from the spot. Later, the persons gathered there, shifted both the injured to the government hospital for treatment. The said Lakshmi died in KIMS Hospital, Hubli, due to severe injuries sustained by her. Based on the complaint of PW1, the police had registered the case at the first instance for an offence punishable under Section 307 of IPC and thereafter, invoked Sections 302 and 504 of IPC.

4. The law was set in motion based on the complaint of PW1 in registering the Crime No.61 of 2019 and the IO conducted the investigation and filed the charge sheet and on filing of the charge sheet, case was registered as CC and thereafter matter was committed to the Sessi