DHANAYYA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the sole accused challenging the judgment of conviction dtd. 8/11/2016 and order of sentence dtd. 9/11/2016 in S.C. No. 106/2013 whereby he is convicted for the offence of murder punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00.

(2.) The case of the prosecution is that the deceased Masanamma and the accused were working as cooks in RMN Company at Sangunda village. The deceased was a married woman. It is alleged that she was carrying on illicit affairs with the accused; yet, the accused was suspecting her character and fidelity and in this regard there used to be frequent quarrels between them. According to the prosecution, on 8/1/2013, once again they picked up quarrel, therefore, both were removed from the job. However, on the next day, i.e., on 9/1/2013 the deceased as well as the accused went to the company but they were not allowed to work and hence, it is alleged that the deceased and the accused went to Malingaraya temple at about 12.30 p.m., where a quarrel ensued and during the occurrence, the accused is stated to have dropped stone boulders on the face and head of the deceased leading to her instantaneous death.

(3.) Further case of the prosecution is that after the occurrence, the accused went to the factory and disclosed the incident to the supervisor and other employees i.e., P.Ws.3, 4 and 13 and thereafter, proceeded to the police station. His statement was recorded by the Station House Officer by name Sri Bandeppa. Based on this statement, P.W.1 the PSI of Narona Police Station interrogated the accused and proceeded to the spot and having found the dead body of the deceased at Malingaraya temple, returned to the police station and lodged the complaint Ex. P.1 and registered the FIR and handed over the case file to P.W.12, the CPI of Narona Police Station who conducted the investigation and laid the chargesheet against the appellant/accused.