(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
NC: 2026:KHC-D:3695-DB
HC-KAR
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.