ESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals are filed by the accused appellants assailing the judgments dated 08.04.2013 passed by the Principal Sessions Judge, Raichur on his file in S.C.Nos.170/2011 and 168/2008, thereby convicting the appellants/accused for the offences punishable under Section 302 IPC r/w. Section 34 of IPC and sentencing them to undergo imprisonment for life.

(2.) THE case of the prosecution, briefly stated is, that deceased Muniyappa, a married person with a wife and three grown up daughters (two of them having already been married) developed illicit relationship with Renuka - PW.11 which agitated her family members. In fact, they warned the deceased that he being a married person with wife, children and grand children, it was not appropriate for him to have extramarital relationship with Renuka, who was like his daughter thereby defaming their family. They also held out threat to his life in the event he did not desist from his unethical and inappropriate conduct. But, the deceased did not pay heed to their advice and threats, which further prompted the family members to entertain vengeance against him. On the instigation of the father of Renuka (1st Accused), her brothers and cousins (accused Nos.2 to 5), on 10.05.2008 when the deceased had gone to Bolammanadoddi Thimmappa Temple on his motorcycle, at 2.20 p.m., accused No.3 held the motorcycle and accused Nos.4 and 5 held the deceased whereas, accused No.2 assaulted on his neck both from backside and front side with the chopper thereby killing him.

(3.) ORAL complaint of the brother of deceased/Erappa, was recorded in the hospital between 4.30 p.m. and 5.30 p.m. by the Sub -Inspector of Police and the complaint came to be registered at 6.15 p.m. It was alleged in the complaint that the deceased was aged 45 years; he was owner of a Commission Agency Shop and married Renuka, aged 19 years, an year ago. Having learnt about the same, Renuka s father Shivalingappa (Accused No.1) with his son Shankara (brother/Accused No.2) had accosted the deceased twice or thrice and threatened him of dire consequence if he did not give up moving around with Renuka. Between 11.00 and 11.30 a.m., deceased had left his shop for Bolammanadoddi Thimmappa Deity Temple on his Honda Shine Motorcycle. At 2.30 p.m. Renuka contacted the complainant over phone to inform that near Hanumappa Deity Temple while the deceased was proceeding on his motorcycle, her father Shivlingappa and brother Shankara and others assaulted him with lethal weapons at 2.20 p.m. Immediately, the complainant and his friends proceeded to the spot and saw the dead body with bleeding injuries on the neck and the throat. The deceased had married Renuka aged 19 years, of Kuruba community, during the subsistence of his first marriage out of which he had three children. It was also stated that Shivlingappa first accused, his son Shankara and others murdered the deceased with lethal weapons. On registration of the case and after closure of the investigation, the Investigating Officer charge sheeted the accused persons for the offences punishable under Sections 302, 109 and 120 (B) r/w. Section 149 of IPC. As the second accused was absconding, his case was split up and the case of accused Nos.1 and 3 to 5 was committed to the Sessions Court for trial.