PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of Principle District and Sessions Judge, Chitradurga, dtd. 31/3/2011, whereby held conviction against accused Nos. 1 to 3 for the offences punishable under Sec. 323 read with Sec. 34 of IPC, 1860. Accused Nos.1 and 2 shall undergo simple imprisonment for a period of six months and to pay a fine of Rs.1000.00 each with default clause. Accused No.3 was sentenced to pay a fine of Rs.1000.00 in respect of offences punishable under Sec. 323 read with 34 of IPC. The same has been narrated in the operative portion of the order passed by the trial Court. Whereas under this appeal seeking to allow the appeal by setting aside the judgment of conviction and order of sentence rendered by the Trial Court.

(2.) The factual matrix of the case of the prosecution is as under: It is transpired in the case of the prosecution that on 9/7/2007 at around 11.00 a.m., Saraswathamma, resident of N.G.Halli Village reported first information to Holalkere Police Station alleging that 3rd accusedSunita, who is daughter of accused Nos.1 and 2, was given in marriage to one Shiva Kumar who is son of complainant, about 5 years ago. Out of their wedlock she has given birth to a male child, aged about three years. In the meanwhile in the family affairs there was some differences arose in between Shiva Kumar and his wife Ashwini who is arraigned as accused No.3 in the aforesaid case and the said accused - Ashwini @ Sunitha, hereinafter be called as 'Ashwini' for the purpose of better appreciation of the evidence which is facilitated by prosecution against the accused. That accused No.3 has reported complaint to the police and remained in her matrimonial home. But villagers advised them to hold a panchayath and resolve differences between accused No.3 - Ashwini and her husband deceased Shivakumar. But no such panchayath could be convened since accused No.1 - Prakash quarreled with the panchayathdars. Therefore, no persons came forward to hold panchayath to settle the family dispute emerged between deceased - Shiva Kumar and his wife accused No.3 - Ashwini.

(3.) There is allegations made against the accused inclusive of accused No.1 and 2 that there shall be some differences in the family affairs emerged in between the spouses Shivakumar and his wife Ashwini. But for the difference in nature between the spouses that complainant - Saraswatamma and her son namely Shiva Kumar who were very much upset and also worried about the family dispute emerged in between them and he suffered very much just to see his child. But on 8/7/2009 at around 9.00 p.m. without even taking lunch he left his house. But on the next day wherein the complainant made search about Shiva Kumar, she was found the body of her son hanging to mango tree. The complainant who made allegation against the accused persons that deceased - Shiva Kumar was very much upset due to the family differences between Ashwini and him. Due to kind of harassment in their family affairs, it lead him to hang himself to a mango tree at the scene of crime. In pursuance of the death of the deceased - Shiva Kumar hanging to mango tree, that complainant Saraswathamma who suspected about the accused persons that they were the cause for death of her son approached Holalkere Police Station to register the crime against the accused persons for causing death of her son - Shiva Kumar. Based upon the complaint report given by the informant initially the case was registered in UDR No.30/2009 and the proceedings has been taken as under the relevant provisions under Sec. 174(c) of the Code of Criminal Procedure.