MUTTEVVA SIDDAPPA HIROJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.100386/2017 has been preferred by appellant/accused No.1 and Crl.A.No.100387/2017 has been preferred by appellants/accused Nos.2 to 4 being aggrieved by the judgment of conviction and order of sentence passed by the I Addl. District and Sessions Judge, Bagalkot, to sit at Jamakhandi in S.C.No.39/2016 dated 15.11.2017.

(2.) We have heard Sri S.N.Bendigeri, for Sri S.B.Deyannanavar, learned counsel appearing for the appellants/accused and Sri V.M.Banakar, learned Addl. SPP appearing for the respondent-State.

(3.) The case of the prosecution in brief is that on 31.01.2016, accused No.1/Smt.Muttavva wife of the deceased filed a complaint against the driver of unknown vehicle wherein her husband met with the accident and he died and in that light, a case was registered in Cr.No.10/2016. It is her further case that the marriage of the complainant was solemnized with deceased Siddappa Hiroji about 8 years prior to the incident and they have begotten four children out of the said wedlock. Three children were residing with their relatives and the daughter by name Savitri was residing with them. About 6 to 7 months prior to the incident, deceased bought a new HF Deluxe motorcycle bearing No.KA-23/EL-0370 which was not written on the number plate and he was using the said vehicle for his personal use. It is further alleged that on 30.01.2016 at about 5 p.m., complainant along with her husband and daughter went to Mahalingpur as the complainant was not feeling well. The deceased dropped the complainant and the daughter at Dr.Sorgavi Hospital and deceased went to Dr.Athani and thereafter, he did not return till 9 p.m. Hence, they had been to their relatives house at Mahalingpur and stayed there overnight.