CHANDRASHEKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused challenging the judgment of conviction and order of sentence dated 16.11.2015 passed in SC No.31/2014 by the V Additional District and Sessions Judge, Shivamogga sitting at Sagar (for short 'Trial Court'), for having convicted him for the offences punishable under Section 302 and 201 of Indian Penal Code (IPC) and sentencing him to undergo imprisonment for life i.e. he has to remain in prison till his death and he shall also pay fine of Rs.25,000/- in default, to undergo imprisonment for one year and further sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/- for the offence punishable under Section 201 of IPC.

(2.) The case of the prosecution is that on the complaint of PW.1-Venkatappa, the father of the deceased Seethamma, the Police registered the case against the accused for the aforesaid offences. It is alleged by the complainant in his complainant that on 04.10.2015, his daughter-Seethamma went to coolie work in the APMC yard, but did not return. Then he went to the house of his daughter and found that it was locked. He enquired and searched for his daughter, but not found. Therefore, he lodged a missing complaint to the Police on 07.10.2013 suspecting one Dyavappa of that village who was frequently visiting his daughter's house and helping her. It is the further case of the prosecution that when the Police enquired with Dyavappa, who is the elder brother of the accused, it was revealed by Dyavappa that he was having illicit relationship with Seethamma, who is a widow having a daughter. During the enquiry, the said Dyavappa revealed that the accused who is his younger brother was blaming the deceased saying that Dyavappa was spending all his earnings to Seethamma without bothering to perform the marriage of his three younger sisters and because of the illicit relationship of Dyavappa, no one came forward to marry the accused. Therefore, the accused used to quarrel with Seethamma.

(3.) It is the further case of the prosecution that when the Police secured the presence of the accused for enquiry, the accused made a confession that on the background of illicit relationship between his elder brother and the deceased, the family relationship was spoiled and no one came forward to give bride to him and his elder brother was not looking after his three younger sisters and was not bothered about their marriage. Therefore, he picked up a quarrel with Seethamma and assaulted her. When she shouted, the accused got angry, pushed her forcibly, as a result, she fell down on a stone, sustained injury on her head and was not in a position to speak. Therefore, the accused took up a stone and again assaulted on her head and caused her death. Thereafter, he buried the dead body of Seethamma in the forest area. On the confession made by the accused, PW.1-father of the deceased lodged a complaint against the accused and the Police registered the case in Crime No.75/2013 for the offences punishable under Sections 302 and 201 of IPC and arrested the accused, recorded his voluntary statement. The accused also revealed that he will show the place where he assaulted the deceased, committed the murder and the place of burial of the deceased. The Investigating Officer, panchas and PW.1 accompanied the accused. The accused went to the forest area and showed the spot where the offence was committed and handed over the stone which was used by him for assaulting the deceased. The same was recovered under the panchanama. Then he led them to the place where the dead body was buried. The Police with the help of the villagers exhumed the dead body of the deceased. The Tahsildar conducted the inquest panchanama on the dead body of the deceased and the Investigating Officer also secured the doctor for conducting Post-Mortem examination. The accused also took the Police to his house and produced the anklets of the deceased to the Police. The same was recovered under the panchanama. Thereafter, the Investigating Officer completed the investigation and filed the charge sheet against the accused. The learned JMFC took cognizance of the offence and committed the case to the Court of Sessions. The accused was released on bail and the Trial Court secured the presence of the accused, framed the charges for the aforesaid offences. The accused pleaded not guilty and claimed to be tried.