HANAMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is before this Court challenging the order of conviction and sentence passed by the Principal District and Sessions Judge, Gadag, dtd. 25/6/2019 in S.C. No. 34/2017, the appellant being accused No. 2-Hanamant therein.

(2.) The case of the prosecution was that, accused No. 1-Churchappa being the son-in-law of the complainant caused the death of Ningabasappa, the son of the complainant with the assistance of accused No. 2-Hanamant, in order to knockout the property of the said Ningabasappa, which on his death would have been succeeded to by his wife Jayashree who is the sister of Ningabasappa. It is stated that, the accused No. 2-Hanamant called the deceased to the land of one Shankrappa Yeligar-C.W.10 (P.W.9). They consumed alcohol and at about 10.00 p.m., at the instance of and on promise to make payment of Rs.60,000.00 by the accused No. 1-Churchappa, they strangulated Ningabasappa by using Ningabasappa's shirt, thereby committing his murder and in order to conceal the evidence, both the accused threw the dead body in the canal situated in the land of C.W.10/P.W.9-Shankrappa Yeligar thereby committing offences under Sec. 302 and 201 read with Sec. 34 of IPC.

(3.) Upon investigation being completed, the CPI, Ron, submitted a charge-sheet against accused No. 1-Churchappa and accused No. 2-Hanamant. Accused No. 1-Churchappa was in judicial custody till his death on 4/10/2018. Accused No. 2-Hanamant, being in judicial custody, was secured and the matter was committed to the Sessions Court, accused No. 2-Hanamant was heard before framing of charges, charges were framed, read over and explained to him in the language known to him i.e., Kannada. The accused pleaded not guilty and claimed to be tried.