GANGAIAH ALIAS POOJARI GANGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Presiding Officer, Fast Track Court -V, Madhugiri in S.C.No.154/2008 dated 09.05.2011 is called in question in this appeal by the convicted accused No.1. It is relevant to note that two accused were tried for the offence punishable under Section 302 read with Section 34 of IPC. The Trial Court acquitted the accused No.2 and convicted the accused No.1. This appeal is by the convicted accused No.1.

(2.) THE case of the prosecution in brief is that, the complainant - Thimmakka is the wife of the deceased; two children were born out of the said wedlock; the complainant (P.W.5), the deceased and the mother -in -law of the complainant namely, Doddarangamma (P.W.2) were living under the same roof at Vaddarahalli village, Koratagere Taluk; the deceased i.e. the husband of the complainant was doing electric repair work; on 19.06.2008 that the deceased left his home at 11.00 a.m. by telling the complainant that he would be going to Tumkur and he will be back by evening; however, the deceased did not return to home till 10.00 p.m; the complainant called the deceased over his mobile phone, but his mobile phone was switched off; on next day i.e. on 20.06.2008, once again the complainant tried to call the deceased over phone, but at that point of time also the phone was switched off; at about 2.30 p.m, one Mr.Dhananjayya (P.W.11) came to the house of the complainant and informed about the murder of the deceased; on getting the news, the complainant, P.Ws.2 and 6 went to the spot and found the dead body. It is further the case of the prosecution that the deceased Nagaraju was having illicit relationship with P.W.8; the accused No.1 was also having illicit relationship with P.W.8; and hence, the accused No.1 was grinding axe against the deceased and consequently took away the life of the deceased by taking assistance of accused No.2; the accused Nos.1 and 2 called the deceased to Dabaspet for taking drinks and accordingly, the deceased went and met accused Nos.1 and 2; after consuming liquor and food, the deceased was done to the death by the accused. The complaint came to be lodged by P.W.5 as per Ex.P8, which came to be registered in Crime No.133/2008 for the offence under Section 302 of IPC at 3:30 p.m. on 20.06.2008. The Police after due investigation laid the chargesheet against both the accused.

(3.) IN order to prove its case, the prosecution in all examined 15 witnesses and got marked 22 Exhibits and 7 M.Os. On behalf of the defence, no witnesses were examined. The Trial Court on evaluation of the material on record convicted the accused No.1 for the offence under Section 302 of IPC. As aforementioned, the accused No.2 is acquitted.