SRI. MALLIKARJUNA S/O. SHIVANNA Vs. THE STATE OF KARNATAKA, BY HONNAVALLI POLICE STATION, P.I. TIPTUR (RURAL)

JUDGEMENT

(1.) The petitioner is charge-sheeted by the respondent-police in respect of the offences punishable under Sections 302, 201 and 506 of IPC.

(2.) The allegation is, the petitioner/accused suspected that his wife and deceased Thippesha had illicit relation between them and decided to finish him off. On the night of 10.11.2016, he went to a marriage. During night hours, he took deceased Thippesha with him behind the choultry, picked up quarrel and assaulted him with a stone to death. Later he burned his blood stained clothes and confessed the above facts with his friend CW-8 Mahesha, who had accompanied him to the marriage as a pillion rider on his motor bike. He had put threat to the life of CW-8 Mahesha, if he ever discloses the matter to anyone.

(3.) There are no direct eye witnesses to the incident. CWs-2 to 8 have seen the deceased and the petitioner leaving choultry hall together during night time. The petitioner was arrested on 24.11.2016. The statement of CW-8 was recorded on 28.11.2016, he has stated that immediately after the incident, he saw that hands and clothes of the petitioner were blood stained. When enquired about it, the petitioner took him on his motor bike for some time and thereafter, confessed that he had murdered Thippesha by assaulting him with a stone, since deceased had illicit relationship with his wife. Thereafter, near Haalkurke he had burnt his lugni, shirt and chappal.