PARASHURAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition arises out of an order dated 22.05.2006 passed by the Fast Track Court I, Koppal, in Sessions Case No.76/2004 dismissing the application filed by the accused-revision petitioners herein u/s 177 of the Code of Criminal Procedure contending that the Sessions Court (Fast Track Court) at Koppal, did not have jurisdiction to try the case.

(2.) The Gangavathi police charge sheeted the revision petitioners for the offence punishable u/ss. 302, 201, 504, 506, 120 (B) of the Indian Penal Code. It is alleged that accused No.1 being the husband of deceased Shivaleela, the daughter of the complainant had deserted his wife, whereupon she was residing in her parental house at Mujawar Camp, Gangavathi. Later on accused No.1 took a second wife who was none other than the daughter of accused No.2. Accused No.1 entertained an apprehension that his first wife Shivaleela may file a petition for maintenance and even seek rights in the immovable properties belonging to him and in order to avoid these consequences a conspiracy was hatched by accused Nos. 1 to 3 and in furtherance of the same accused No.1 took his first wife Shivaleela, to Cheekalparvi river and assaulted her with a stone with the help of accused Nos.2 and 3 and threw her body in the middle of the river so as to destroy the evidence of murder. It is relevant to note here that earlier a missing complaint was filed before the Gangavathi police by the mother of the deceased. The mother had also petitioned to the higher authorities requesting to trace her daughter.

(3.) It is further found from the allegations made in the complaint, and the charge sheet filed that about 15 days prior to filing of the complaint before the Gangavathi police accused No.1 came along with his friend accused No.3 on a motorcycle to the house of complainant situated at Mujawar Camp and abused her in filthy language and threatened her stating that if she were to report again to the police, he would not spare her life and would kill her as he did to his wife.