HOSAMANERA PRAKASH AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 18.11.2011 passed by the I Addl. District and Sessions Judge, Davanagere, in S.C. No.29 of 2011 is appealed against by the convicted accused.

(2.) Case of the prosecution in brief is that the deceased Uday, is the husband of accused No.3 Halamma; accused No.1 had illicit relationship with accused No.3 and in that background all the accused with a common intention said to have committed murder of the deceased Uday during night hours intervening between 7.8.2010 and 8.8.2010. It is further case of the prosecution that accused No.1 owned a mobile shop and was also doing money lending business at Danihalli Village; accused No.2 was working in the mobile shop of accused No.1, he was also attending pigmy collection work and accused No.4 was a milk vendor; accused Nos.1, 2 and 4 were friends and residents of Danihalli Village; accused Nos.1 and 3 had illicit sexual relationship; they had run away from the Village and were brought back; Panchayaths were held and they were suitably advised; the deceased Uday had resisted illicit relationship between accused Nos.1 and 3; despite the advice of panchayathdars, illicit relationship between accused Nos.1 and 3 continued; they planned to do away with the life of the deceased with the help of accused Nos.2 and 4; accused No.4 took the deceased to Nyamathi Village in the evening of 7.8.2010 on his motor cycle and made the deceased to consume liquor at his cost; accused No.4 intimated accused Nos.1 and 2 to come to the spot of incident; accordingly, they came to the said spot and all of them committed murder of the deceased; thereafter, all of them took the deceased to the house of the deceased and laid his body on the cot in the presence of accused No.3, who in turn did not intimate about the incident to anybody till morning; however, death of the deceased came to light only at 6.00 a.m. on 8.8.2010; thereafter PW24-Rajendrappa, elder brother of the deceased, went to Nyamathi Police Station on 8.8.2010 at 12.30 p.m. and lodged a complaint, which came to be registered in Crime No.147/2010.

(3.) In order to prove its case, the prosecution in all has examined 28 witnesses and got marked 37 documents as Exhibits and 15 Material Objects. On behalf of the defence, 9 documents were got marked as Ex.D1 to D9. The trial Court on evaluation of the material on record convicted all the four accused for the offences punishable under Sections 120B, 302, 201 r/w Section 34 of IPC.