LAWS(KAR)-2005-10-56

SADASHIVU BALAPPA SAMAGAR Vs. STATE OF KARNATAKA

Decided On October 27, 2005
SADASHIVU BALAPPA SAMAGAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) BY judgment dated 26-2-2003, the Sessions Judge, Bagalkot convicted the accused in S. C. No. 74/2002 for the offence punishable under S. 302 of the i. P. C. and sentenced him to undergo R. I. for life and to pay a fine of Rs. 10,000, in default to undergo S. I. for a period of six mqnths. Challenging the said conviction and sentence, the accused has preferred the present appeal.

(2.) THE case of the prosecution may be briefly stated as follows ; anasuya (the deceased) is the sister of the accused Sadashiv Balappa Samagar. She had been married to one Ramappa of mamadapur Village 13 years prior to the incident. About three mqnths prior to May 2002, when the deceased had come to the house of her parents, she found the accused attempting to cut the penis of her child shivappa aged about 5 years. That angered anasuya, who abused and scolded the accused for his act. That created bad-blood between the accused and Anasuya. About 15 days prtor to 29-5-2002, Anasuya came with her children to her parent's house. On 29-5-2002 at about 1. 30 p. m. , when anasuya was sleeping near the front door of her father's house at Bavalatti, the accused sadashiv went to that house with a knife and attacked Anasuya. Mallawwa, sister-in-law of the accused came to the place hearing the cries of Anasuya. Seeing her, sadashiv (the accused) ran away. Anasuya had sustained grievous injuries and died within a short time. Her father Rangappa had gone to the land. Therefore, an intimation was sent to him. He came to the house. After seeing the dead body, he went to the police station and lodged a complaint, which was received by Veeresh Bhadrappa Belwadi, police Inspector, Bilgi Police Station (PW 10 ). A case was registered against the accused in Cr. No. 113/2002. The accused was arrested and produced before the Magistrate, who remanded him to judicial custody. The cpi took further steps to conduct inquest mahazar and for recording the statements of the witnesses. After further investigation, a charge-sheet was placed against the accused for the offence punishable under S. 302 of the I. P. C. "

(3.) THE accused pleaded not guilty and claimed to be tried. The prosecution examined in all 10 witnesses and closed its case. PWs 1, 2 and 4 are eye witnesses to the incident. P. W. 3 went to the spot after the incident. Pws. 5 and 6 are panchas. P. W. 8 is the medical officer, who conducted postmortem examination. P. W. 9 is the Asst. Engineer, who prepared the sketch of the scene of offence. PWs. 7 and 10 are police officers.