SHANKARAPA, S/O VENKATESHAPPA; VENKATALAKSHMAMMA @ CHIKKAMMAIAH, W/O VENKATARAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 26.02.2010 passed by the II Additional Sessions Judge, Kolar in Spl.SC.No.03/2009 convicting the appellant No.1 for the offences under Section 302 and 201 of IPC and Section 3 (2) (v) of the SC/ST (POA) Act, 1989 and sentencing him to undergo life imprisonment with fine of Rs. .10,000/- and in default of payment of fine to suffer three months simple imprisonment for the offence under Section 302 of IPC and further sentencing him to undergo one year imprisonment with fine of Rs. 2,000/- in default of payment of fine to suffer one month simple imprisonment for the offence under Section 201 of IPC and further sentencing him to undergo life imprisonment with fine of Rs. 5,000/- in default of payment of fine to suffer two months simple imprisonment for the offence under Section 3(2)(v) of the SC/ST (POA) Act and further convicting appellant No.2 for the offences under Section 302 and 201 of IPC and sentencing him to undergo life imprisonment with fine of Rs. 5,000/- in default of payment of fine to suffer two months simple imprisonment for the offence under Section 302 of IPC and further sentencing him to undergo one year imprisonment with fine of Rs. 1,000/- or in default of payment of fine to suffer one month simple imprisonment for the offence under Section 201 of IPC with a further direction that period suffered by appellant Nos.1 and 2 are given set off and directed that both the sentences shall run concurrently while acquitting appellant No.2 for the offence under Section 3(2)(v) of the SC/ST (POA) Act.

(2.) It is the case of the prosecution that, appellant No.1 was having illegal intimacy with appellant No.2. The deceased is the husband of appellant No.2. It is the case of the prosecution that, appellant No.2 was regularly going to the garden of appellant No.1 for work and the deceased was a tractor driver and was regularly going to work in Kolar. The deceased came to know about the illegal intimacy of his wife-appellant No.2 with appellant No.1 and also instructed her not to continue the said intimacy. He used to carry sickle with him whenever he used to go to work. On being informed about this by appellant No.2 to appellant No.1, both appellant Nos.1 and 2 jointly committed the murder of the deceased and the dead body of the deceased was set fire in land bearing survey No.37 belonging to one Narayanaswamy, thereby they are alleged to have committed the offences under Section 302 and 201 r/w Section 34 of IPC.

(3.) It is the further case of the prosecution that the deceased belongs to an under privileged class.