BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We are in this case concerned with gruesome murder of deceased Laxmi, for which the trial was held by the learned Principal District and Sessions Judge, Dharwad in S.C.No.57/2015 and by order dated 01.10.2016, the learned Sessions Judge convicted the accused persons to undergo life imprisonment and to pay fine of Rs.5,000/- each for the offence punishable under Section 302 R/w. Section 34 of the IPC. The accused have been also convicted for the offence punishable under Section 201 R/w. Section 34 of the IPC and sentenced to undergo RI for six months and to pay fine of Rs.5,000/- each; so also they have been convicted for the offence punishable under Section 120B R/w. Section 34 of the IPC to undergo RI for five years and to pay fine of Rs.5,000/- each. Further, accused Nos. 2 and 3 were also sentenced to undergo RI for a period of five years and to pay fine of Rs.5,000/- each for the offence punishable under Sections 364 and 368 R/w. Section 34 of the IPC and to pay fine of Rs.5,000/- each. Accused No.2 is also convicted and sentenced to undergo SI for a period of two years and to pay fine of Rs.5,000/- for the offence punishable under Section 419 of the IPC, in default to undergo SI for a period of six months.

(2.) We have heard the learned counsel Sri. Srinand A. Pachchapure for the appellants/accused No.1 to 3 and the learned Addl. SPP Sri. V. M. Banakar for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that, the mother of the deceased filed the complaint alleging that the deceased Laxmi was given in marriage to accused No.1 - Basavaraj and their marriage was performed about 14 years prior to the date of incident. It is further alleged that, when her daughter was pregnant, accused No.1 ousted her from his house and thereafter she came to her parental house and gave birth to a female child. Even after the birth of the daughter, accused No.1 did not take his wife and daughter back to his house and has also not provided any maintenance. The deceased Laxmi filed petition claiming maintenance for herself and her daughter and she has been granted monthly maintenance of Rs.3,000/- by order dated 25.07.2014. It is further alleged that, in spite of the order, the accused did not pay any amount. She filed an Execution Petition and on 26.12.2014 warrant was issued by the Court as against the accused No.1 for his failure of payment of arrears of maintenance to the extent of Rs.65,000/-. On that day, accused No.1 attended the Court and on the way he abused the deceased Laxmi in filthy language and threatened her with dire consequences. Subsequently, on 02.01.2015, accused No.2 on the instigation of accused Nos. 1 and 3 went to Rajesh Ginning Factory situated at Belur, where the deceased Laxmi was working and took deceased with her, on a false pretext that she is the Vice President of Mahila Mandal at Belagavi. As her daughter did not return, the complainant, under the apprehension that accused No.1 might have kidnapped her, filed a complaint before the police. In this behalf, a case has been registered in Crime No.2/2015 by Garag Police Station. During the course of investigation, they apprehended accused No.2 who disclosed the fact that, at the instigation of accused No.1, accused Nos. 2 and 3 have taken the deceased to Amboli Ghat and there they have committed her murder. Thereafter, after investigation charge sheet has been filed. After filing of the charge sheet, learned Magistrate took cognizance and committed the case to the Sessions Court. After committal of the case, the learned Sessions Judge secured the presence of the accused. Thereafter charge was prepared, read over and explained to the accused. Accused pleaded not guilty and they claim to be tried and as such the trial was fixed.