LAXMAN AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the learned Counsel for the appellants and the learned Additional State Public Prosecutor for the respondent-State at a considerable length and carefully perused the material evidence on record with their assistance.

(2.) This appeal is directed against-an order of conviction of the appellants/accused 1 and 2 under Sections 302 and 307 read with Sec. 34 of the Indian Penal Code by the Trial Court. The appellants have however been acquitted of the offence under Sec. 392 of the IPC. The State has not preferred any appeal against an order of acquittal passed by the Trial Court in favour of the appellants. In this appeal, we are only concerned with the conviction of the appellants under Sections 302 and 307 read with Sec. 34 of the IPC.

(3.) Smt. Vijayalakshmi, a housewife and her two daughters Radhika and Ashwini were done to death by drowning, while her another daughter Swapna-P.W. 6 had a providential escape, though thrown into the canal containing water along with her mother and two sisters and had survived to give a realistic eye-witness account of the incident. The dead body of the deceased Smt. Vijayalakshmi could only be traced from the canal while the dead body of her two daughters Radhika and Ashwini could not be recovered despite intensive search made to trace their dead bodies. The deceased Smt. Vijayalakshmi is the wife of P.W. 15 and they were residing with their children at Alur Village. The appellants, who are also from the same village and were residing nearby the house of deceased Vijayalakshmi were prosecuted for the murder of the deceased Vijayalakshmi and her two daughters Radhika and Ashwini and also for attempting to commit murder of Swapna P.W. 6. The learned Trial Judge who tried them, found them guilty of the offences punishable under Sections 302 and 307 read with Sec. 34 of the Indian Penal Code and convicted them thereunder and sentenced them to imprisonment for life for the first count and imprisonment for a period of five years for the second count. Aggrieved thereby, they have preferred this appeal.