MALLESHAPPAA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant along with six others was tried by the Court of Sessions for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/-. He was also convicted for the offence punishable under Section 364 IPC and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo rigorous imprisonment for 3 months. Further, he was convicted for the offence punishable under Section 201 IPC and sentenced to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 1,000/- and in default of payment, to undergo rigorous imprisonment for 3 months. All sentences were directed to run concurrently. The Sessions Court acquitted accused Nos. 2, 3, 4 and 5. The appeal of the appellant was dismissed by the High Court of Karnataka by the impugned judgment, however, accused Nos. 6 and 7 were acquitted by the High Court of all the charges leveled against them. In this case we are concerned with the sole appellant (Accused No. 1).

(2.) The conviction of the appellant is based on circumstantial evidence.

(3.) In brief, the case of the prosecution is that the deceased-Yankanna Balakannavar had illicit intimacy with the wife of the appellant Smt. Hanamawwa (PW 19). Deceased was working as the driver of the tractor of the appellant during 2001. The appellant's suspicion about the deceased having illicit intimacy with his wife led to serious misunderstanding between them because of which, deceased left his job as the tractor driver. On 12.7.2001 at about 8.00 p.m., the appellant and accused Nos. 6 and 7 went in the car of the appellant to the house of the deceased. He was not at home. The appellant and accused Nos.6 and 7 told deceased Yankanna's mother Yallawwa (PW-10) that they required the services of her son in connection with digging of a borewell in the land of the appellant. When deceased Yankanna returned home within half an hour, he was immediately taken by the appellant and accused Nos. 6 and 7 with them. On that night, deceased- Yankanna did not return home. On the next day, Yallawwa (PW-10) went in search of her son but could not find him. On questioning, the appellant informed PW-10 that he had brought back deceased Yankanna at about 11.00 p.m. on the same night and had left him in the village. Not satisfied with the answer given by the appellant, PW-10 went to accused Nos. 6 and 7 and inquired about the whereabouts of her son but they also did not give any satisfactory answer. Thereafter, PW-10 and her nephew-Kamanna Parameshwar (PW-18) went in search of the deceased Yankanna and in the process, made inquiries in nearby villages namely Dadanatti, Rugi, Chabbi etc. but could not find him.