BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment of conviction dated 29th june, 2001 passed by the learned Sessions Judge, Koppal, in Session Case no. 59 of 2000 finding the accused/appellant guilty of the offences punishable under Sections 302 and 203 of the IPC, and sentencing him to undergo imprisonment for life and fine of Rs. 100/- for the offence under section 302 of the IPC, and simple imprisonment for one month for the offence under Section 203 of the IPC.

(2.) THE brief facts as per the prosecution case are as follows. The accused-Balappa was the husband of the deceased Devamma, who was the daughter of Mahadevappa, P. W. 1. It is not in dispute that both mahadevappa on one hand and the deceased on the other were staying in kustagi though in different houses at a short distance of a furlong or so. According to the prosecution the accused was of suspicious mind and was in fact suspecting the fidelity of his wife. According to the prosecution few days prior to the date of incident i. e. , on 4-4-1999 in the morning the accused and the deceased had gone to a land about 2 kilometres away from the place of residence on N. H. 13 to bring some wood. This fact of accused going with the deceased in the morning to cut the wood with an axe carried is not denied by the accused. In fact, it is thereafter at about 9. 30 or so, the accused himself goes to Kustagi Police Station and lodges a complaint to the effect that while he was cutting the Nilgiri tree and the deceased was sitting nearby on the highway, 5 to 6 Sikh people came, kidnapped his wife in spite of his protest and took her in their truck. This complaint is registered by the Police sub-Inspector - P. W. 13 the Station House Officer of Kustagi Police Station and a case in Crime No. 61 of 1999 for the offence punishable under Sections 147 and 365 read with Section 149 of the IPC, is registered against five to six unknown people and investigation is taken up. The Police Sub-Fnspector has prepared the FIR and sent the same to the jurisdictional Magistrate which is received by the Magistrate by 11. 00 a. m. It is at this stage during the investigation when the Police asked the accused to show the alleged spot from where his wife was supposed to have been kidnapped, by inadvertently he took the Police to the very spot wherein he was cutting the tree and just nearby the dead body bearing severe incised injuries of Devamma is found. Immediately, suspecting the conduct of the accused, P. W. 13 sends a report to the jurisdictional Magistrate as per Ex. P. 1 and requests alteration of charge under Sections 302 and 201 of the IPC, that diverts his investigation suspecting accused being possibly the culprit.

(3.) DURING the investigation, P. W. 13 has recorded the statements of various witnesses including P. Ws. 1 and 2 who have seen the accused last time with the deceased when alive. It appears during the interrogation, the accused made a voluntary statement and on the basis of which the murder weapon - axe - M. O. 6, bloodstained shirt - M. O. 1 and dhoti - M. O. 2 of accused have been discovered, the same have been seized under mahazars, the body is subjected to autopsy and the clothes are sent to the Forensic science Laboratory. On receipt of the necessary reports and on completion of the investigation, charge-sheet is filed against the accused for the offence punishable under Sections 302 and 203 of the IPC.