SHEKAPPA ALIAS CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who is facing charge for the offences punishable under Sections 341, 302, 504 r/w Section 34 of IPC, is seeking quashing of the proceedings in C.C. No. 257/2009 on the file of JMFC, Bilagi (waiting committal proceedings).

(2.) THE prosecution case is based on the report of Mahadevi submitted on 24.12.2008 at the complainant Police Station, in which she alleged that her husband Shivappa had dispute which his four brothers namely, Yallappa, Gopal, Mallu and Shekhappa. All were residing together and availed loan for installation of pipeline to the agricultural land. THE dispute arose between Shivappa and others for division of property and hence they are living separately. However, Shivappa (since deceased) demanded share in the property and contribution for pre-payment of loan. THE brothers did not agree. THEy are waiting for opportunity to kill him. On 23.12.2008 during jatra of Dyammawwa in the village, Shivappa and his family members left their house and were watching drama. At that time, as the children were feeling sleepy, the complainant Mahadevi and her husband Shivappa went towards the house to leave the children. While they were on the way, Mahadevi noticed her husband's brothers (accused herein) were following them. THEreafter, Shivappa also suspected they would harm the family and asked Mahadevi to take the children home and ran away from the place. As he was running, the accused followed Shivappa. Meanwhile, the complainant and her daughter took shelter near a shed belonging to Mr. Parappa Badiger. From the said place they saw the accused assaulting Shivappa, consequent to which he suffered injuries. THE complainant being scared returned home and waited for the whole night. Next day she went to the spot and saw her husband was dead. On that basis complaint was lodged and the brothers were arraigned as accused Nos. 1 to 4. Petitioner was the 4th accused. THE case was committed to the Court of Sessions in S.C. No. 50/2009 and three accused were put to trial. Petitioner was absconding.

(3.) SRI. Dilip Kumar, the learned Govt. Pleader representing the State does not dispute that accused No. 1 to 3, who were facing the charge on the same allegations as the petitioner, are granted acquittal in the trial by the Sessions Judge in S.C. No. 50/2009. Copy of the judgment dated 26.09.2009 is also produced.