DONDIBA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for appellant.

(2.) The case of the prosecution was that on 08.11.2006 at about 10.00 p.m. the present appellant was in his house at Castlerock, Laxmiwada, within the limits of Ramnagar police station, Joida taluk. The complainant was one Yamunabai W/o. Parashuram Gurav and the mother of the present appellant. According to her she was 55 and her husband was about 60 and they were residing at Laxmiwada, Castlerock along with the appellant Dondiba. Her elder son Suresh was working in a hotel at Ponda and yet another son had died four years prior to the complaint, on account of sickness. The present appellant was said to be a coolie working at Tinneghat and he was in the habit of drinking arrack, habitually. He was not providing for the household expenses of the complainant and her husband and he was in the habit of abusing and assaulting both the complainant and her husband. It is for this reason that she was taking refuge and sleeping in the house of one Gopal Kamble, every day.

(3.) On 08.11.2006 after cooking for the family, namely, her husband, her son and herself and after having had dinner she, as usual, went to sleep in Gopal Kamble's house and her husband and the appellant slept in the house. At about 11.00 p.m. it is stated, that when she was sitting on the verandah of Gopal Kamble's house and talking to Babita, wife of Gopal Kamble, and one Urmila, who was the mother of Gopal Kamble, the accused is said to have come there and told her that he had killed his father and that he had said, But, however, she dismissed it as a drunken statement of her son and did not bother to go and check. It was only on the next morning at about 9.00 a.m. when she went into the house she saw that the front door was ajar and the bed clothes were in disarray and while she was rolling the bed clothes she found blood stains and immediately she grew apprehensive and is said to have informed her brother -in -law of the same and brought him home to show him the blood stains. As she could not find her son and her husband. They had made a frantic search for them and she was certain that her husband had been killed. Therefore, she had registered her complaint with the jurisdictional police.