SUBHASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal appeal filed under section 374(2) of Cr.P.C. is directed against the judgment of conviction in Sessions Case No.18/2011 by the I Addl. Sessions Court Bijapur, sentencing both the accused/ appellants to undergo imprisonment for life and to pay a fine of Rs.15,000/- each, for offence punishable under section 302 read with section 34 of IPC.

(2.) The case of the prosecution is that one Sharanappa Sidramappa Bisanal (PW.11) lodged a complaint on 31.07.2010 at 6.00 p.m. at Indi police station, Bijapur, stating that his daughter Kamalabai and his son-in-law were residing at Gornal village. Kamalabai was married to Dundappa, about 20 years ago and they have four children. Both the daughters were married and were staying with their spouses. The two sons were unmarried and were helping their father in the agricultural lands, while the son-in-law Dundappa was also working as an agricultural coolie in the lands of Malakappa Gurusiddappa Ganganalli (PW.3). On 30.07.2010 at about 6.00 in the evening, one Shivappa Parasappa Talawar (PW.2) made a phone call to Vithal Tukaram Kanur and asked him to inform Sharnappa (PW.11) that his daughter Kamalabai has been murdered. On hearing the news, immediately PW.11 along with his family members left to Gornal village. When they arrived they were taken to the land belonging to Siddayya Kalyanayya Hiremath and they found the dead body of Kamalabai. There was a huge injury on the neck and blood was scattered on the spot. When PW.11 enquired from his son-in-law Dundappa, he informed the complainant that at about 9.30 in the morning, Kamalabai brought food pack for him, at the land of Malakappa Ganganalli, where he was working. She gave the food to her husband Dundappa and left towards their field saying that there is a jatra going on in the village, therefore, he too should come back early. At about 5.30 in the evening when Dundappa completed the work for the day and was returning towards their field, he saw the dead body of Kamalabai. When he raised a cry, the persons in the neighborhood came to the spot.

(3.) It is stated in the complaint that there was a running feud between Dundappa and his cousin brother Subhash S/o Sidram Talawar (accused No.1) with regard to the boundary of their lands, therefore, Subhash and his henchmen have committed the crime, killing Kamalabai with sharp weapon. He suspects the commission of offence by Subhash (A1) and his henchmen. Therefore, it is prayed that action should be initiated against the accused persons.