DEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and order of sentence passed by the learned Additional District and Sessions Judge, Gadag, (herein after referred to as the 'trial Court'), in Sessions Case No.41/2015 dated 9.11.2017, wherein the appellant-accused has been convicted for the offences punishable under Sections 302 and 506 of IPC.

(2.) We have heard the learned counsel Sri. Pruthvi K.S., for the appellant and the learned Additional S.P.P. Sri V.M. Banakar for the respondent- State.

(3.) The genesis of the case of the prosecution in brief is that the accused was having illicit relationship with one Mahantavva (CW-8). Accused used to suspect that she has also having illicit relationship with deceased Govindappa. With that animosity with an intention to cause the death of Govindappa on 30/7/2015 at about 10.00p.m., in the land bearing Survey No.192/2002, he committed the murder of Govindappa strangulating with a rope. It is the further case of the prosecution that PW-1- complainant-the father of the deceased Govindappa, noticed that his son who has gone to the field on the previous night has not returned. He called his son over his mobile phone but he did not respond. He went in search of the deceased. At about 9.30 a.m near the water storage place, he saw the dead body of his son in supine position and people have also gathered there. There he noticed that around the neck, there was black mark and his clothes were muddy and under the impression that some miscreants have committed the murder of his son, he filed a complaint as per Ex.P5.