BASAVAREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has preferred this appeal chal lenging the legality and correctness of the judgment and order dated 13.4.2011, passed in S.C.No.31/2010, by the Sessions Judge, Koppal, convicting him for the of fences punishable under sections 498-A, 302 and 201 of IPC and sentencing him to undergo simple imprisonment for 2 years and to pay fine of Rs.2,000/-, in default to undergo simple imprisonment for 2 months, to undergo imprisonment for li fe and to pay f ine of Rs.5,000/- in default to undergo simple imprisonment for 5 months and to undergo simple imprisonment for 2 years and to pay fine of Rs.1,000/- in default to undergo simple imprisonment for one month, for the aforesaid of fences, respectively.

(2.) The brief facts of the case are as under:- The appellant/accused along with his mother accused No.2 were tried on the charge for the offences under Sections 498-A read with 34 of IPC, 302 read with 34 of IPC and 201 read with 34 of IPC. It is al leged that, the accused who are husband and mother-in-law of the deceased Basamma were subjecting her to cruelty and harassment both mentally and physical ly on the ground that she had not brought back pair of ear-stud from her parents house to the marital home and on the said ground on 7.12.2009 at about 12 noon in the house of the accused situated at B.Hosal li vi llage coming within the jurisdiction of Koppal Rural Police Station did commit the murder of the deceased Basamma intentional ly by strangulating with a rope and thereafter in order to cause disappearance of the evidence of murder, to screen themselves from legal punishment, accused No.1 removed the rope with which he had committed the murder and hid the same in the house and thereby committed the aforementioned offences.

(3.) It is the case of the prosecution, the deceased Basamma is the daughter of PWs.3 and 4, who are residents of Alawandi vil lage in Koppal Taluka. The deceased Basamma had been given in marriage to the present appel lant/accused No.1 on 15.4.2009 and their marriage had been performed in front of the house of one Venkanagoudru Siddanagoudru at Muddabal li vi llage of Koppal Taluka. At the time of marriage the deceased Basamma had been given two pairs of ear-studs. After the marriage the deceased came to her marital home situated at B.Hosall i vi l lage of Koppal Taluka and started l iving in their house. It is the case of the prosecution, when she came to the marital home, out of the two pairs of ear-studs which had been given to her by her parents PWs.3 and 4, she was wearing one pair and the other pair had been left in her parental house. After she started l iving in the marital house of the accused, the accused started subjecting her to cruelty and harassment both mentally and physical ly on the ground to bring the other pair of ear-stud which had been given to her by her parents at the time of marriage. In due course of time the deceased conceived and was carrying. She was reporting the cruelty and harassment meted out to her, to her parents. About 15 days prior to the present occurrence, the deceased who had come to her parents house had been sent back to the marital home. The accused had continued their acts of cruelty and harassment. About two days prior to the occurrence i.e. , on Saturday, PW.3 the father of the deceased had come to the house of the accused at B.Hosally vi l lage. On that night the deceased told her father PW.3 that she is suffering from chicoon-gunya and further asked her father to send her mother as she is also carrying by four months. PW.3 her father after hearing the same from his deceased daughter left the house of the accused on the morning of Sunday i .e. , a day prior to the occurrence, to his place. After he left to his vil lage on Sunday morning, on 7.12.2009 Monday morning, he sent his wife PW.4 to the house of the accused. It is the case of the prosecution, on 07.12.2009, at about 12:00 noon, the accused in furtherance of their common intention did commit the murder of the deceased by throttl ing her with a rope and thereafter, the accused No.1 removed the rope from the neck of the deceased in order to cause disappearance of the evidence of murder committed by them and hid the same in his house to screen themselves from legal punishment.