HANAMAPPA M MADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has filed this appeal challenging the judgment and order of conviction and sentence passed by the Sessions Judge, Bagalkot in S. C. No. 64/2002 whereby the appellant-accused was convicted for the offence punishable under S. 302 of I. P. C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 10. 000/-, and in default, to undergo simple imprisonment for a period of six months.

(2.) THE case of the prosecution in brief is as under : the appellant-accused had married husanawwa, the deceased about 4 years back and a son was born from the said wedlock. The accused used to suspect the chastity of his wife alleging that she has illicit relationship with others and he used to ill-treat and beat her. Yamanappa, brother of the accused advised him not to ill-treat his wife. The accused even made allegations that his brother Yamanappa had also illicit relationship with his wife-Husanawwa. On account of these allegations Husanawwa started living in her parents house for the past six months. About a week prior to the date of incident, the accused requested his elder brother and other elders to bring his wife back to his house promising that he will look after her properly. The brother of the accused and the elders brought back husanawwa to the house of the accused after convincing her mother. On 7-11-1989 at about 8. 00 p. m. , Yamanappa called the complainant and Rajappa and informed them that the accused has taken his wife to collect fuel wood and has not returned so far. Rajappa, Durgappa and the complainant started making enquiry in the village. One shekharappa met them and informed that at about 12. 00 noon he saw accused and husanawwa walking on the road following his cart. Shekharappa further informed them that he saw the accused and the deceased proceeding towards the land of yankanna Patil. During that night when they were searching the accused and husanawwa, they met Durgappa Madar and erappa Kori and on enquiry the said persons also informed the same thing. On 8-11-1989 in the morning they again started searching the accused and Husanawwa. At about 7. 00 a. m. they noticed that dead body of Husanawwa in the 'naala' situated in the land of Yankanna Patil. There were bleeding injuries on her neck and face. A blood stained axe was lying near the dead body. It is alleged that the accused has committed murder intentionally causing death of husanawwa by assaulting her and thereby committed an offence punishable under S. 302 of I. P. C. In respect of this incident PW 1-Mariyappa lodged a complaint with the concerned Police as per Ex. PI, on the basis of which the crime was registered, the investigation was taken up and upon completion of investigation a charge-sheet was filed against the accused person for the above said offence.

(3.) THE accused was absconding for more than 12 years from the date of commission of the offence. After filing of the charge-sheet before the Jurisdlctlonal Magistrate showing the accused absconding from 30-5-1990, the Magistrate issued warrant against the accused. Thereafter the proclamation was issued. In spite of the efforts made by the police, the presence of the accused could not be secured. The learned District Judge directed the J. M. F. C. to record the statement of witnesses and accordingly statement of witnesses was recorded on 17-1-1992 and 6-2-1992. Then the case was transferred to the register of long pending cases. After production of the accused by the C. P. C. , hunagund on 29-7-2002 he was taken to custody. Thereafter the jurisdictional magistrate committed the case to the Sessions judge, Bagalkot. The accused has not pleaded guilty to the charges framed under section 302, I. P. C.