MAHANTESH AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants - accused Nos.1 to 3 are before this Court challenging the judgment of conviction and order of sentence passed by the learned I Additional District and Sessions Judge, Bagalakote sitting at Jamkhandi in Sessions Case No.31/2013 dated 21.11.2017.

(2.) We have heard the learned counsel Shri Sheikh Saoud through virtual hearing and the learned Additional S.P.P. for the respondent - State, who is physically present in the Court.

(3.) The case of the prosecution is that the complainant had two sons by name Basavaraj and Parasappa, both are married and are residing together. They used to cultivate the land, but as and when there was no work, they used to go to cut the sugarcane. On 10.11.2012 the younger son Parasappa remained in the house, as he was not feeling well and during evening hours, he had been outside and till night he did not returned. When complainant asked his elder brother over phone regarding him, he told that he might have gone for any party and he will return. His son did not return till morning. When he tried to call him, his phone was switched off. Later he made phone call to the wife of Parasappa and the relatives and asked regarding whereabouts of his son. They told that he has not come there and they also tried to search him. On 12.11.2012 at about 02:00 p.m., son of complainant's elder brother Suresh Shivalingappa Sabakal made a phone call and informed that the land abutting to the land of one Siddappa Ramappa Yalashetti belonging to one Bhimanagouda Mallanagouda Patil and in the hut, he found the body of the deceased Parasappa, who was bleeding from nose and found brown colour mark over the neck and asked the complainant to come there. Accordingly, the complainant and one Hanamant Balappa Kadakol, Shivappa Gurabasappa Bagalkot went to the spot and there they found the dead body of his son Parasappa and nobody was there in the said hut and he filed the complaint. On the basis of the complaint, a case has been registered in Crime No.171/2012. Thereafter, after investigation, the charge sheet came to be filed.