MURTHY NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused has filed this appeal challenging the judgment of conviction and order of sentence passed in S.C. No. 111/2016 dtd. 21/4/2017/22/4/2017 by the Principal District and Sessions Judge at Chikkamagaluru whereunder the appellant - accused has been convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.5,000.00 and in default to pay the fine amount to undergo simple imprisonment for a further period of 3 months.

(2.) The case of the prosecution is that since two months prior to 7/7/2016, complainant along with his daughter Gayathri has been staying in the coolie lane of Sathigiri Coffee Estate at Arsinaguppe Village, Chikmagalur Taluk, by doing coolie work. Along with him his villagers- Shama Naika, Smt. Vasanthi Bai, Smt. Manji Bai, Smt. Shanthi Bai, Ashwini, Smt. Saki Bai, Pavithra, Smt. Gangabai @ Seethabai and her husband Murthy Naika have been staying in the coolie lane of Sathigiri Coffee Estate, by doing coolie work, in the said estate. Murthy Naika i.e. appellant - accused has got habit of drinking alcohol every day. He used to harass his wife - Smt. Gangabai @ Seethabai demanding amount for his drinking purpose. On 6/7/2016 Wednesday, there was weekly holiday i.e. payment day. On 7/7/2016, complainant has not attended to his coolie work. So also Smt. Gangabai @ Seethabai and her husband/accused Murthy Naika have also not attended coolie work. At about 07.30 a.m., both husband and wife have been quarrelling. At that time, complainant had been to their house and consoled them and took their two daughters viz. Rakshita and Nandu to his house. At about 10.00 a.m., he asked Rakshita to go back to her house to see what was going on in their house. Immediately, Rakshita came back and told that her mother had closed her eyes and she was not talking. Immediately, complainant, Lokesh, Shanthi Bai and Sakibai had been to the house of Gangabai @ Seethabi and noticed that she was lying in the hall and she had sustained bleeding injuries and she was not talking. Accused Murthy Naika was sitting in the house by holding a fire wood. On enquiry, Murthy Naika told that from yesterday she had not given amount for drinking purpose and therefore, he had assaulted her with firewood. Immediately, complainant informed the same to his estate owner and in a jeep, they have shifted the injured Smt. Gangabai @ Seethabai to Government Hospital, Chikkamagaluru and at about 01.30 p.m., doctor declared that she died and therefore, present complaint was lodged at about 02.00 p.m.

(3.) The Police after investigation filed charge sheet against the appellant - accused for the offence punishable under Sec. 302 of IPC. The trial Court framed charge for the offence punishable under Sec. 302 of IPC and the appellant - accused pleaded not guilty and claimed to be tried. The prosecution in order to prove its case has examined in all 8 witnesses as P.W.1 to P.W.8 and got marked 21 documents as Ex.P.1 to Ex.P.21 and one material object as M.O.1. The appellant - accused has been examined under Sec. 313 of Cr.P.C. and he has denied all incriminating evidence against him. After hearing the arguments of both the sides the learned Sessions Judge has formulated the point for consideration and passed the impugned judgment of conviction which is under challenge in this appeal.