SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is seeking intervention of this Court in the judgment of conviction and order of sentence dated 12.06.2017 passed by the I Addl. District and Sessions Judge, Bagalkot, sitting at Jamakhandi, in S.C.No.47/2012, whereunder the appellant/accused was convicted and sentenced for the offence punishable under Section 302 of IPC.

(2.) We have heard the learned counsel Sri. K. L. Patil, for the appellant/accused and the learned Addl. SPP Sri. V. M. Banakar for the respondent-State.

(3.) The case of the prosecution in brief is that, deceased Shiddavva was given in marriage to one Kashappa about 11 years back. Out of the said wedlock, they have begotten two sons and one daughter and her husband had two wives. The deceased quarreled with her husband without any reason and started residing with her parents at Dadanatti village along with her children. It is the further case of the prosecution that, the deceased used to go for work at lime kiln along with one Laxmibai. Since two years the accused was having close relationship with the deceased. Though all have advised the accused and the deceased, but in stead of stopping the same, they used to meet and developed illicit relationship. It is further alleged that, three days prior to the filing of the complaint, accused abused the relatives of the complainant and on 02.01.2012 at about 8.00 am, the deceased had gone for coolie work at lime kiln, but she did not return. Though search was made, but it went in vain and when they made an enquiry with her friend Laxmibai, she told that they worked up to 3.00 pm and thereafter the deceased went saying that she will go to the village and as the accused often used to meet the deceased, she suspects that he might have taken her on motorbike. On 13.01.2012, they came to know that at J. K. Road of Hebbal village, in the land of Govindappa, body of a female was lying dead in a decomposed position. Immediately the complainant went there and on suspicion he filed the complaint as per Ex.P1. On the basis of the complaint, a case has been registered in Crime No.6/2012. Thereafter, after investigation charge sheet came to be filed.