BANDENAVAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dtd. 8/3/2018 passed by the learned II Addl. District & Sessions Judge at Raichur in S.C.No.51/2016, wherein the learned Sessions Judge convicted the appellant for the offence punishable under Sec. 302 of IPC and sentenced him to undergo imprisonment throughout life and pay fine of Rs.20,000.00 and in default to pay the fine, same to be recovered as arrears of land revenue.

(2.) The brief facts which led to the trial of the appellant are as follows: The complainant in this case Bibi Fatima married deceased Nabi Rasool about 12 years prior to the date of incident and having four children. Deceased Nabi Rasool was addicted to alcohol and about two months prior to the incident, he started to raise quarrel with the complainant (examined as PW1) every night in drunken mood. The accused/appellant being younger brother of the complainant, used to advice the deceased not to rise quarrel. Eight days prior to the incident, the deceased abused the complainant stating that the complainant and her mother are belonging to the family of prostitutes. Accused/appellant again advised the deceased and threatened him stating that he would murder him if he continued such acts of quarrel with the complainant. However, the complainant has responded telling him that it is quite common in all the families. On 31/1/2016 at about 6.00 p.m., the complainant and her children were in Janata house of PW2 situated at village Kadadaral, Tq: Lingasugur. Accused was cutting the branches of a tree standing in front of the house of the complainant. The deceased came home and as usual raised quarrel with the complainant and started to beat her. Hearing the quarrel accused came there stating that he would kill the deceased since he repeated such acts with the complainant. Thereby, all of a sudden the accused assaulted deceased Nabi Rasool i.e. the husband of complainant PW1 with an axe over his head, neck and chin and committed his murdered.

(3.) PW1, wife of the deceased and sister of the accused lodged the complaint on the same day at about 7.00 p.m. as per Ex.P1 before PW12 and the same was registered in Crime No.20/2016 dtd. 31/1/2016 as per Ex.P16. Thereafter, PW12-the Investigation officer conducted the spot mahazar, inquest mahazar and after recording statements of the witnesses and obtaining necessary documents, he laid the charge sheet against the accused for the offence punishable under Sec. 302 IPC before the committal court. After committal of the case before the Sessions Court, the learned Sessions Judge having found prima-facie case against the accused, framed charge under Sec. 302 IPC. The accused pleaded not guilty to the charge and claimed to be tried.