IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^st DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.403 OF 2018 (C)

BETWEEN:

SUBRAMANYA H.T. @ LORRY SUBBANNA AGED ABOUT 52 YEARS S/O. BASAVA POOJARI OCCUPATION: DRIVER RESIDENT OF RAMA COMPLEX, 2ND CROSS (GURUBHAVAN ROAD)

MARIGUDDA, HOSANAGAR TOWN SHIVAMOGGA-577 418 KARNATAKA. …APPELLANT (BY SRI HARISH KUMAR M.C., ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH HOSANAGAR POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001.

…RESPONDENT (BY SMT. RASHMI PATEL, H.C.G.P.)

* * *

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) OF THE CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 19-1-2018 PASSED BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR, IN SESSIONS CASE NO.10017 OF 2017, THEREBY, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED ON 20-1-2026, COMING ON FOR PRONOUNCEMENT, THIS DAY, VENKATESH NAIK T. J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

The appellant has filed this appeal challenging the judgment of conviction and order on sentence passed against him in Sessions Case No.10017 of 2017 on the file of the learned V Additional District and Sessions Judge, Shivamogga, Sitting at Sagara.

2. The appellant was the sole accused and the respondent-State was the complainant before the trial Court. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court. 3. Accused was tried and convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC') on the charge that the accused and Nagarathna (hereinafter referred to as, 'deceased') were husband and wife, respectively, and they had four children, namely, Vidhey (PW1), Arjun (PW2), Abhinandhan (PW3) and Vidhyarthi (DW1). The accused, being the driver of a lorry, often used to pick up quarrel with the deceased and children, and used to assault his wife. In the year 2016, DW1 purchased second-hand lorry and at that time, the deceased paid a sum of Rs.1.00 lakh to him, which was given by the accused. In that regard, there was scuffle between the husband and the deceased and on 14.4.2017 at 11:15 p.m. in their house, the accused with an intention to cause the death of the deceased, assaulted her with axe-MO1 on her left portion of the neck and back, thereby caused severe bleeding injuries, as a result of which, the deceased breathed her last. Hence, PW1 lodged a complaint on 15.4.2017 at 1:00 a.m. against the accused. A case has been registered; the Investigating Officer conducted investigation and filed the charge-sheet against the accused for the offence punishable under Section 302 of IPC.

4. After initiation of the charge-sheet, the committal Court took cognizance of the offence and case was committed to the Court of Sessions for trial. The trial Court on hearing both side, framed the charge against the accused for the offence punishable under Section 302 of IPC. As the accused denied the charge, the trial was conducted. In support of the case of the prosecution, PWs.1 to 13 were examined, Exs.P1 to P34 and MOs.1 to 8 were marked. The trial Court examined the accused under Section 313 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') and he did not lead any defence evidence.

5. On hearing the parties, the trial Court by the impugned judgment and order convicted the accused for the offence punishable under Section 302 of IPC and sentenced him for life imprisonment with fine of Rs.10,000/-.

6. The trial Court held that the charge against the accused was proved by the evidence of eyewitnesses, medical evidence and recovery of axe at the instance o