STATE OF MYSORE Vs. FAKIRAPPA YELLAPPA TUKKAPPANAWAR

JUDGEMENT

(1.) The appellant has been convicted for an offence under S.302 IPC. and sentenced to undergo imprisonment for life. The victim of the crime is Shantavva, the eldest daughter of Shivappa Tukkappanavar, a resident of Aminbhavi. Her mother is Gangavva. Gulappa and Ramappa are her brothers and Yellavva is her sister. Shantawa was aged about 22 years and was married about two years prior to her death which took place on 5-11-68. Her husband is one Gangappa Shibargatti. She had returned from her husband's house since 5 or 6 months prior to her death and was residing with her parents at Aminbhavi. She was in illicit intimacy with one Basappa Petunavar of Aminbhavi.

(2.) Shivappa Tukkappanavar, his wife and children resided in a portion of the house situated in Basti Oni at Aminbhavi separately from Shivappa's father Tukkappa. In another portion of the same house, Yellappa with his wife Yamanavva and their sons Basappa and Fakirappa (the accused) resided. Yellappa is the brother of Tukkappa who is the paternal grand-father of the deceased. Tukkappa also resided in another portion of the said house.

(3.) The said house has a back-yard towards its south. On 5-11-1968, on Tuesday, which was also a full-moon day, in the morning at about 9-30 A.M. Shantawa was cleaning the utensils in the back yard of that house. At that time, her father and her grand-father had gone out of the house for cooly work, her mother Gangavva was besmearing the floor of her kitchen, and her children Ramappa and Yellawwa were playing in - the house. The accused Fakirappa who had gone out returned to his house. While returning to his house, he saw Shantawa engaged in making signs to her paramour Basappa Petunavar, who was at a distance. After returning to his house, he was with his mother in his house for some time. Then he went to the back yard. Then there was exchange of words between him and Shantawa. The accused seems to have taken exception to the conduct of Shantawa. Shantawa retorted saying that he had no business to question her even if she carried on an affair with others. The accused got offended and said that his family reputation was being spoiled by her and attacked her with a sickle and delivered blows at her neck with it. Gangavva went to the rescue of her daughter and cried for help. One Subbiah came. She then ran bawling out to the house of the police patil which was nearby and informed him that the accused was attacking her daughter. Then the Patil and Gangavva returned to the house, but by that time Shantawa was lying dead having sustained cut injuries on her chest and neck. On seeing the police patil, the accused who was in his portion of the house began to run away, but he was immediately caught by the patil. The patil kept a walikar on watch over the dead body and broueht the accused to the Dharwar Police Station with the assistance of another Walikar and produced the accused before the Sub-Inspector of Police and lodged a complaint.