(1.) This statutory criminal appeal is at the instance of a convict accused charged with the offence of murder of one Kamalamma (deceased) and is directed against the judgment and order of conviction passed by the High Court of Karnataka dtd. 2/7/2019 in the Criminal Appeal No. 473 of 2013 by which the High Court allowed the acquittal appeal filed by the State of Karnataka against the judgment and order of acquittal passed by the Principal Sessions Judge, Chikmagalur dtd. 20/12/2012 in the Sessions Case No. 59 of 2011 and held the appellant herein guilty of the offence of murder punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, 'the IPC). The High Court sentenced the appellant herein to undergo life imprisonment with fine of Rs.25,000.00 and in the event of default of payment of fine to undergo further simple imprisonment for a period of six months.
(2.) The appellant herein along with two other co-accused, namely, Gowri alias Gowramma wife of late Nagaraj and Seetharam Bhat son of late Nagabhatt were put to trial in the Sessions Case No. 59 of 2011 for the offences punishable under Ss. 120-B, 302, 379 and 201 read with Sec. 34 of the IPC. All the three accused were put to trial in the court of Principal Sessions Judge, Chikmagalur. The original accused No. 2, namely, Gowri (acquitted) was born in the wedlock of one Manjappanaika and his first wife. The deceased, namely, Kamalamma was the second wife of the Manjappanaika. Gowri (original accused No. 2) happens to be the step daughter of the deceased Kamalamma. After the demise of Manjappanaika his immovable properties were divided between the deceased Kamalamma and Gowri (A-2). In the wedlock of Manjappanaika and the deceased two daughters were born, namely, Sugandha (PW 1) and Sujatha. The deceased Kamalamma used to reside all alone at the village Horabylu adjacent to the house of the original accused No. 2 Gowri. Gowri is a widow and at the relevant point of time was staying along with her two children. It is the case of the prosecution that Gowri (A-2) had an illicit relationship with the appellant herein. The deceased Kamalamma was highly opposed to such illicit relationship and used to reprimand both, the appellant and Gowri.
(3.) According to the case of the prosecution, the appellant herein and Gowri conspired on 23/8/2010 to do away with the deceased Kamalamma. Both are alleged to have entered her house and somewhere near the cattle shed, the deceased was hit on her head and neck with a hard object like a club. Later, the appellant and Gowri are alleged to have removed the gold chain, a pair of ear studs and one gold ring from the body of the deceased Kamalamma. They took away her mobile also.
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