HANUMANTHARAYAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 21.12.2011 passed by the V Fast Track Court, Madhugiri in S.C. No. 162/2011 is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that the deceased Shivalingamma is the wife of the accused; since character and conduct of the accused was not good, the deceased had deserted the accused and started living in her parental house situated in a different village; the accused came to the house of the parents of the deceased on previous day of the incident in question i.e. on 24.5.2011; after having dinner, the accused slept in the house of his in -laws along with the deceased; the complainant's mother got up at about 4.30 a.m, in order to go to Pavagada market for selling flowers; the mother and brother - Thippeswamy of the deceased went to Jangamarahalli at 6.00 a.m. to catch the bus to go to Pavagada market; the father of the deceased took cattle to the field; thereafter, the accused came out of the house and took big stone, which was lying in front of the house; he dropped the same on the head of Shivalingamma, who was sleeping and fled away from the scene; Manjula - the complainant being the younger sister of the deceased heard the sound "dhud" and rushed to the room, wherein she found the deceased lying in a pool of blood; the head of the deceased was crushed because of the impact of big stone; the complainant came out of the house and shouted for help; the father of the deceased and others gathered near the scene.

(3.) IN the matter on hand, all the relatives of the deceased, who are examined before the Court have turned hostile to the case of the prosecution. The mahazar witness in respect of all the mahazars have also turned hostile to the case of the prosecution. Only the official witnesses such as Doctor, Inspector of Police have supported the case of the prosecution;