High Court Karnataka High Court

Howgi Rao vs The State Of Karnataka on 3 October, 2008

Karnataka High Court
Howgi Rao vs The State Of Karnataka on 3 October, 2008
Author: N.K.Patil
I

IN THE HIGH CGURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA

DATED THIS THE 3&0 DAY 09 OCTOBER 

BEFORE

THE HONBLE MR. JUSTICE N.K.~VP§'i'~IL"A~f: % _ T

Crl.Am)eal No. 1034/<g§g;§%'%j% '   Q   * - 7

BETWEEN:

Howgi Ran,

S/o.Manik Ran RaSL11't3, 

Age 38 years,  '

Oc:cu:Ag'icu1turc, ..  V
I2/o.Vi11ageBelk.uni   v_ 2 
(Bhupmgada,       

Taluka A1iI'ad-:B,5'Bi;_iar. _     V .. Appellant

(By Sri \'.rflaVS"~l2$.{V)::«ia4. Tm-e%,[;~mv,)%%%%k j 
And: %       

The State of Karnataka,' 2 " , ' 
By K:-1rt:1al11%Stai'é'ioi;1,
Rcpresefl1:ed?'by State. _
Fublic Prfisfitcutaxf,
High 3133'-$1313.
Bai2gEii£_3ré3=  "  

Respondent

(‘By HCGP)

This Cri.A. is filed under Section 374 of Cr.PC,

c ‘VVp1aying”” set aside the judgment and erder of

“=cGz:zvici:lQu and sentence recorded by the learned District

flarxd Judge, Fast Track Court~I, Bidar in SC
V *Nu.x143/ 1999 dated 23.4.2005.

4

«– mother ~–in-law of the deceased and convicted the
husband of deceased, late Kalavathi for the ofienee

punishabie under Section 498-A of IPC and

him to suffer Rigorous Imprisonment for a

year and to pay a fine of Rs.5O0/-A~a11d K ‘V

to undergo further sentence of _

a period of three moIifl1$;~~..e as,

Questioning the conecjxiese-‘of Ajudawient and
order of conviction -appellant has
presented

5. I have appearing for the
appe1fant–. V . ilvoveimment Pleader appearing

fer respondent.V”‘ _ d

‘_ 6. of the relevant material

including the judgment and order of

sentence passed by the learned District

Seeeioee Judge, Fast Track Court – I, Bidar, in my

A 57 there is no error or material irregularity on the

of the jud and order nor I find any good

6

Omkar and daughters namely Rajeshree and
Bhagyashree. In spite of making all sincere efforts, she

was subjected to ill-treatment, cruelty, harasstzeent

time and again. The appellant used to insult in

the family members stating that she does net’:

to cook the food and was beati11g’he:r K V’

Lmder intoxication. In Ex.P9, ._

has specifically stated that ‘V V

Triambak about the ‘by
lnspite of the advice by’ of the family
and well-1a%isl’;e:e,:Vj’~ hot mend his
attitude not eellduet, and continued to

harass l

7. V, at 10.00 p.m., the appellant came to

condition and in loud voice called

and asked her to serve meals.

V «V z meals, he picked up quarrel with the

K V’ V’ and threw away the plate and assaulted her

wooden piece under her right eye and the

h V _ ll hlehpeflant abused her 5 ting that she (lees not lmew to

/

em;a:4w

9

the date of incident, which took place as early as in the
year 1999, it is seen that, the appellant was or; bail

through out ie. from the month of June, 2005 : ‘d>_ate’.

Further it emerges from the 4′

submitted by the learned Govem§:eeiiiV e K V’

appearing for the respondent t.Eeaft,::’.’_’t”t£e

already undergone fer .foi31VfAr3f;t:§i::tf1s ‘V V

four days. In View ofj.:11e “L_i_1*cij;3jfs01’1ihe;1t’A..’§3]ready
been suffered by appefieet taking
into considemfiggl and in the
light of of the case as
stated above, appellant
stands disposed and order of
sentence by already
u11dergene__by fozeéi of four months and
four dagfs having rwrd to the facts

Sd/-

Judge