PARAMESHAPPA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Judgment and Order of conviction dated 21.3.2011 passed by the Fast Track Court, Chitradurga in S.C. No. 88/2010 is called in question in this appeal by the convicted accused/appellants.

(2.) THE case of the prosecution in brief is that wife of the deceased is the sister of Accused No. 1; Accused No. 2 is the maternal uncle of the deceased; the family of the deceased Chandrashekar was owning five houses in a row which are constructed on a single plot; in one house deceased and his family were living; the other four houses were given on rent to four separate tenants; all the four houses were gifted by the deceased in favour of the 3rd younger sister of the deceased by name Neelamma w/o. Parameshwarappa (Accused No. 1); Such gift deed was also registered; Having come to know of such gift deed made by the deceased in favour of his younger sister Neelamma, the wife of the deceased viz., Nirmala (P.W. 2) and the daughter of the deceased viz., Ms. Anitha (P.W. 1) had objected for transferring khatha in the name of Neelamma; so also they had filed suit before the Civil Court, Chitradurga in that regard; Mr. Syed, Mr. Iliyaz, Mr. Muneer and Mr. Rijwan started mediating between the deceased and his sister Neelamma with regard to the said property; those four persons were pressurizing Neelamma to re -transfer the property in favour of the deceased; However such re -transfer was not made by Neelamma; The wife of the deceased viz., Nirmala being aggrieved by the action of the deceased in gifting the property to Neelamma, started living in her relative's house and she used to come to the house of the deceased once in 2 to 3 days; about 6 to 7 months prior to the incident in question, the said Neelamma, her husband - Parameshwarappa (Accused No. 1) and uncle of the deceased N.V. Jayadevappa (Accused No. 2) had abused the deceased and quarreled with him and in that regard, the deceased had lodged the complaint before the Police.

(3.) IN order to prove its case, the prosecution in all examined 21 witnesses and got marked 15 Exhibits. On behalf of the defence, one Exhibit is marked. The trial Court on evaluation of the material on record, convicted the accused for the offence under Section 302 of IPC.