MANAPPA; DEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Sanjay A. Patil, learned Advocate appearing for petitioners and Sri Prakash Yeli, learned Additional State Public Prosecutor appearing for respondent-State. Perused the records.

(2.) Petitioners are arraigned as accused Nos.5 and 6 in Crime No.273/2014 by Shahapur Police Station for the offences punishable under Sections 143, 147, 148, 504, 506, 302, 447 r/w Section 149 of IPC.

(3.) Gist of the complaint lodged by one Mr. Subhash father of the victim was to the effect that his son deceased-Venkoba was married to one Smt. Rajeshwari, daughter of Lalayya Guttedar on 22.03.2014 and prior to his marriage he had a love affair with one Miss. Bhagyashree (CW.12) and complainant had assured members of CW.12's family that marriage of his son Venkoba (deceased) would be performed with CW.12 and on account of their disagreement due to caste differences, said Venkoba had taken CW.12 to Bengaluru and had stayed with her for about one month and had returned back to the village and as such, panchayat came to be convened wherein the family members of CW.12 did not agree to perform marriage of CW.12 with Venkoba and demanded a sum of Rs.11,00,000/- towards marriage expenses and maintenance of CW.12 since she had eloped with Venkoba. It was further stated that though the family members of Venkoba had agree to pay a sum of Rs.11,00,000/- to accused No.1 namely, elder brother of CW.12 in the presence of witnesses, said amount was not paid and family members of CW.12 were posing threats to take away the life of Venkoba as he demoralized them by eloping with CW.12. It was further stated by the complainant that on 23.10.2014 at about 8.00 a.m., CW.10-Sangappa and CW.11-Kantappa had gone to their land for the purpose of sprinkling pesticides and at about 8.30 a.m., they saw deceased- Venkoba along with CW.7-Rangappa and CW.8-Eranna proceeding to the said land by informing the complainant who was standing near Tirumala Krushi Kendra. It is further stated that he saw all accused Nos.1 to 8 proceeding towards his land and when enquired, they informed that they were proceeding to celebrate Deepawali festival and at about 9.30 a.m. he heard screaming voice emerging from his land and noticed that CW.7 and CW.8 who were accompanying Venkoba were running back towards him and on enquiry, he came to know that accused persons with an intention to murder Venkoba had stabbed him with knives. All these amongst other material facts, complaint came to be lodged by the father of the deceased. After conclusion of investigation, jurisdictional Investigating Officer has submitted charge sheet against accused Nos.1 to 8 for the offences punishable under Sections 143, 147, 148, 504, 506, 302, 447 r/w Section 149 of IPC.