IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI CRIMINAL APPEAL NO.100182 OF 2024 (C-)

BETWEEN:

HANUMESHA G. S/O. BHARAMAPPA, AGE: 39 YEARS, OCC. FARMER, R/O. ANKAMANAHAL-583128, TQ. SANDUR, DIST. BALLARI.

- APPELLANT (BY SRI.PRASHANT S. KADADEVAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY CIRCLE INSPECTOR OF POLICE, KUDLIGI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed HIGH COURT OF KARNATAKA, DHARWAD BENCH.

by M B O SH H E A L N A K R UMAR M B D a O S t H e H : E A L N A K R UM AR - RESPONDENT

2026.03.11

10:40:44 +0530 (BY SRI. M.B. GUNDAWADE, ADDITIONAL S.P.P.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374 (2) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 09.03.2023 AND SENTENCE DATED 16.03.2023 PASSED BY THE COURT OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, BALLARI IN S.C. NO.34/2020 CONVICTING THE APPELLANT / ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 498-A, 302 OF IPC & ETC.

THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, 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-

accused and the learned counsel appearing for the respondent-

State.

2. This appeal is filed against the judgment of conviction and sentening the accused for three years and a fine of Rs.5,000/- with default clause for the offence punishable under Section 498- A and life imprisonment and payment of fine of Rs.20,000/- with default clause for the offence punishable u/s 302 IPC and prayed this Court to set aside the judgment of conviction and sentence.

3. The factual matrix of the case of the prosecution is that the marriage of Marekka took place with the accused about 12 years ago. After the marriage the accused always used to quarrel with her demanding money for consuming alcohol. The deceased refused to give money and hence the accused was torturing her mentally and physically. Fed up with the same, the deceased went to her parental house. However after conducting panchayath by CW3, 11, 20 and 21, advised the accused and hence the accused took the deceased to his house. Again on 05.12.2019 at about 11.30 a.m., in a hut the accused demanded his wife money for consuming alcohol. When she refused to give money, he picked up quarrel, took a chopper, assaulted her on neck, head, beside right eye, near left ear, below the right elbow, near the left elbow and caused grievous bleeding injuries, as a result she succumbed to the injuries. This incident was witnessed by PW2. Immediately she secured PW3 to 5 and all of them noticed that accused was holding chopper in his hand and already inflicted injury and on verification, Marekka was found dead.

4. Based on the complaint of PW1, Police have registered the complaint, investigated the case and filed charge sheet for the offences punishable u/S 498-A and 302 of IPC. The same was initially registered as C.C. No. 163/2020 before the Magistrate Court and after committal to the jurisdictional District Court it is numbered as S.C. No. 34/2020. The accused was not granted bail and hence he is in custody from the date of his arrest.

Learned Sessions Judge took cognizance of the case and framed charge against the accused. The accused did not plead guilty and claims trial. Hence the prosecution examined witnesses as per PW1 to 19, got marked documents as per Ex.P.1 to P.39 and material objects as per M.O.1 to 9 are marked. On closure of the prosecution evidence, the accused was subjected to recording of statement under Section 313 Cr.P.C. wherein the accused denied all incriminating evidence against him but did not lead any defence evidence. Learned trial Judge considered the materials on record particularly the evidence of PW2; evidence of PW3 to 5, evidence of the Do