MALATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.408 of 2015 is filed by the accused No.2 and Crl.A.No.767 of 2015 is filed by the accused No.1 against the judgment of conviction and order of sentence dated 24.01.2015 made in S.C.No.472/2008 on the file of the LI Additional City Civil and Sessions Judge, Bengaluru City (CCH-52), sentencing the accused No.2 to undergo imprisonment for life and fine of Rs.50,000/-, in default, to undergo simple imprisonment for 2 years for the offence punishable under Section 302 of the Indian Penal Code, to undergo sentence for three years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months for the offence punishable under Section 201 of the Indian Penal Code and to undergo sentence for one year and pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for three months for the offence punishable under Section 506 of the Indian Penal Code and sentencing the accused No.1 to undergo imprisonment for three years and to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months, for the offence punishable under Section 201 of the Indian Penal Code, to undergo imprisonment for one year and pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for three months for the offence punishable under Section 506 of the Indian Penal Code.

(2.) The parties are referred to as per their ranking before the Trial Court. I. FACTS OF THE CASE

(3.) It is the case of the prosecution that, accused No.2-appellant in Crl.A.No.408 of 2015 is the elder brother of accused No.1/appellant in Crl.A.No.767 of 2015 and the accused No.1 is the wife of deceased Mahadeva @ Nagamadegowda. The deceased Mahadeva was suspecting the fidelity of accused No.1 and he had not sent her to the marriage of accused No.2, and the deceased used to quarrel with accused No.1, frequently. The accused No.2 who could not tolerate the behaviour of the deceased, often picking up quarrel with accused No.1 alleging that accused No.1 is having illicit relationship with one Sarvesh of Kamsagara, colluding with accused No.1, with a common intention of murdering Mahadeva, brought two others to the house of Mahadeva, picked up quarrel by saying that accused No.1 would get peace only if he (Mahadeva) dies, kicked forcibly on the external genital organ of Mahadeva. When Mahadeva fell down, accused No.2 killed him by putting cloth into his mouth. Thereafter, with an intention to destroy the evidence, both accused Nos.1 and 2 along with two other persons, hanged the dead body to the fan in the hall of the house using veil to give an impression that Mahadeva committed suicide by hanging himself and criminally intimidated the informant-P.W.10/Kum.Rashmi, by threatening that she would meet the same end, if she discloses the incident to anybody. Later, the accused No.1 bought down the dead body by cutting the veil and intimated the relatives through P.W.10. Thereafter, the accused No.1 along with the relatives shifted the dead body to Kammasandra, the village of the deceased, for cremation.