MOTHILAL Vs. STATE

JUDGEMENT

(1.) THE appellants are the 1st and the 3rd accused in S. C. No. 148/96 on the file of the learned Sessions Judge, Chitradurga. They have challenged the order of conviction and sentence recorded against them by the learned Sessions Judge for the offences punishable under Sections 302 and 201, IPC r/w Sec. 34, IPC. The learned Sessions Judge has convicted and sentenced them to suffer R. I. for life for the offence under Section 302, IPC and further sentenced them to undergo R. I. for 2 years for the offence under Section 201, IPC. The learned Sessions Judge has also granted concession under Section 428 of the Cr. P. C. It is stated that accused No. 2 has not challenged the Judgment of conviction and sentence recorded against her by the learned Sessions Judge by the same Judgment. We are therefore, required to consider the case of the appellants alone in this appeal.

(2.) IT is the case of the prosecution that accused No. 2 G. C. Renukabai @ Radha, wife of the deceased H. Murthy who was working in CARD' Gramabhivrudhi Corporation, Dodda Magadi Village had developed illicit relationship with accused No. 1 which fact was known to the deceased H. Murthy. A-3, the second appellant is the brother-in-law of accused No. 1. Accused No. 1 was found by some of the villagers in compromising position with accused No. 2 and therefore, a panchayat was held in the village where A-1 was fined to the extent of Rs. 5,000/- with a direction to pay the said amount to H. Murthy, the husband of A-2. A month thereafter, A-1 to A-3 with the common intention of murdering H. Murthy, husband of A-2, on the night of 12-8-1996 at about 1. 00 a. m. while he was sleeping in his house situated at Dodda Magadi Village, committed his murder by strangulating and squeezing the testicles. It is specifically alleged that A-3 sat on the hands and legs of H. Murthy and caught hold of him tightly and A-1 pressed the testicles of H. Murthy and A-2 gagged his nose and mouth. They buried the dead body by digging a pit in the kitchen after it was put in a gunny bag. H. Murthy, who was working in the Gramabhivrudhi Corporation was not found in the village or in the office for over 15 days from 12-8-1996. He last attended the office on 12-8-1996. P. W. 1 and others drew suspicious. Therefore, P. W. 1, Jaydevappa in the company of P. W. 2, Lakshmana Naika and others visited the house of A-2, Renukabai and questioned her about the whereabouts of the deceased H. Murthy. She gave evasive and unconvincing answer. She told them that he is very much present. She again told them that he has written a letter to her and when they insisted upon seeing that letter she told them that the letter was taken by the deceased himself. Therefore, they grew more suspicious and forced her to tell the truth. It is the further case of the prosecution that thereafter A-2 confessed before him that about 13 or 14 days back i. e. , on 12-8-1996 all the accused persons murdered H. Murthy and buried the dead body in the kitchen of her house. All the villagers discussed the matter and directed P. W. 1 to inform the police. Accordingly, P. W. 1 Jayadevappa filed a written complaint before P. W. 22, Somashekarappa, the S. H. O. of Mayakonda Police Station as per Ext. P 1. On the basis of the allegations made in the complaint, he registered a criminal case against A-1 to A-3 in Crime No. 75/96 under Sections 302, 201 r/w 34, IPC and submitted the FIR through P. W. 18 to the jurisdictional Magistrate. P. W. 23, B. Mallikarjunappa, the C. P. I. of Davanagere Rural Circle on receipt of the express report of the case immediately visited Mayakonda Police Station and took up further investigation. He immediately deputed his staff including P. W. 21, Jayaram Singh to trace and apprehend the accused persons. On the same day, all the accused were traced at different places, apprehended and were produced before the C. P. I. P. W. 23, who recorded their voluntary statements leading to the recovery of the spade M. O. 6 at the instance of A-32. Since the dead body was already known to the complainant and the villagers, the Circle Inspector of Police in the presence of the witnesses including P. Ws. 6 and 7 exhumed the dead body and held the inquest over the dead body which was in a decomposed condition. P. W. 8, Dr. D. Chandra Naik, Medical Officer of Anagodu P. H. C. was summoned to the place for the purpose of conducting the post mortem examination on the dead body of the deceased. He conducted the post mortem and issued a report as per Ext. P 4. He noticed that the dead body was in a highly decomposed condition. He therefore, collected the viscera and sent it for chemical examination. He was not in a position to furnish any opinion as to the cause of death. In view of the state of the dead body, he was not in a position to furnish any opinion whether there were any external injuries or not. No poison was detected in the viscera. One Banian and one underwear which were found on the dead body (M. Os. 1 to 3) were thereafter seized under a mahazar in the presence of P. W. 24. He also seized M. Os. 4 and 5, Bed Sheet and one Jamkhana (Carpet) at the instance of A-2 under Ext. P 8. After completing the formalities of investigation, the Circle Inspector filed a Charge Sheet against the accused.

(3.) THE accused entered appearance through their advocates. The accused were charged and tried before the learned Sessions Judge for the offences punishable under Sections 302, 201 r/w 34, IPC. Each one of them pleaded not guilty and claimed to be tried.