GURUBASAPPA SIDRAMAPPA AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the learned Counsels for the appellants and the learned Additional State Public Prosecutor for the respondent-State and carefully perused the relevant case papers with their assistance.

(2.) This is an appeal against the order of conviction. The appellants are the husband and wife and they have been convicted of the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code for having committed the murder of one Siddaramappa Gurubasappa Hosamani, aged about 60 years, on 17-1-1995 at about 5.30 p.m. in the evening, in furtherance of their common intention, in the land of the deceased situated within the limits of Banahatti P.A. Village, Taluk Sindagi. The place of incident comes within the limits of Devarahippargi Police Station. It is alleged that accused 1 throttled the neck of the deceased and accused 2 squeezed the testis of the deceased. The place of incident is the land of the deceased Siddaramappa situated neat haystack within the limits of Banahatti P.A. Village and within the limits of Devarahippargi Police Station.

(3.) The deceased Siddaramappa is the father of accused 1. The accused, the deceased and the material witnesses for the prosecution belong to the Village Banahatti P.A. of Sindagi Taluk. Accused 1 and his wife (accused 2) were living separately from the parents of accused 1. They have no issue. The deceased Siddaramappa and his paralysed wife along with their unmarried daughter Shankaramma, P.W. 1 were living separately from the accused. Accused 1 is the only son of the deceased and he had been living separately along with his wife during the relevant time of this incident, owing to certain differences between accused 1 and the deceased. The deceased Siddaramappa had four daughters including P.W. 1 and the other daughters had been married and they were living with their respective husbands. P.W. 1-Shankaramma being the only unmarried daughter of the deceased, she had been living with her parents. P.W. 3-Siddamma is a married daughter of the deceased and P.W. 4-Appasaheb Gowda is her husband. The deceased had owned 8 acres of I and a house. Out of the 8 acres of land owned by deceased Siddaramappa, 4 acres of land was being cultivated by accused 1 while the remaining 4 acres of land was being cultivated by the deceased. It is the case of the prosecution that accused 1 had been interested in getting the remaining 4 acres of land also to be 'made over to him during the lifetime of the deceased himself, but the deceased was, however, not willing or not agreeable for the same. That is to say, accused 1 wanted to snatch away even the remaining extent of land that was in possession of the deceased, which the deceased was not willing to give it to accused 1. In that regard, it is stated that a panchayath was convened in the village and the elders of the village had advised the accused to allow the remaining 4 acres of land to be cultivated by the deceased. This had angered accused 1. While this was so, it is stated that on 17-1-1995 on a certain Tuesday at about 4 or 4.30 p.m. in the evening, the deceased had been to his land. His unmarried daughter P.W. 1 (Shankaramma) had also followed him to the land. On reaching the land, it was found by the complainant P.W. 1 that accused 1 had caught hold of the neck of the deceased while accused 2 had held the testis of the deceased. On seeking the same P.W. 1 immediately went near them and told accused 1 and 2 to leave her father. But, in spite of her intervention, they did not leave the deceased. Ultimately, the deceased fell down and died on the spot on account of the acts committed by accused 1 and 2. This was at about 5.00 p.m. in the evening. Then, the complainant Shankaramma, P.W. 1 returned to her house from the land and told her mother what she saw in the land. Her mother being paralysed was not in a position to move about. Then the complainant P.W. 1 also went and informed this incident to her sister P.W. 3-Siddamma. She also took her sister P.W. 3 and her husband P.W. 4 to the land and pointed out the place where her father was lying dead in the land. In the meanwhile, a few of the villagers also came to the spot and saw the dead body of the deceased Siddaramappa which was lying in his land.