RAVI @ RAVI KUMAR Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that, about 12 years prior to the date of incident, the daughter of C.W.1 namely, Prema was given in marriage to C.W.17 Sampangi, the elder brother of the accused. They begot a female child. After the child was born, Prema was having an illicit relationship with C.W.12 Narayanappa. The same was known to others. Prema used to go to the village to cook food at the Government Primary School. Narayanappa would frequently go and meet her there. A male child was born out of the relationship. In January, 2010, Prema came to the house of C.W.12 along with her children and he kept her in a separate house. The accused and his brother came there and took the daughter of Prema to their house. Prema used to abuse and insult them whenever she met them. On 10-6-2010 at about 6.30 p.m. when the deceased Prema was taking water from the water tank of the village and when she was going in-between the houses of Venktappa and Srinivas, the accused chopped off her neck. She fell down. The accused put his leg on her, caught hold of her hair and cut her neck and killed her. He went away towards the garden land and fell down by sustaining injuries. A complaint was lodged by P.W.1, the father of the deceased. The accused was arrested. The investigation was taken up and the charge sheet was filed. The accused pleaded not guilty. When the matter was set down for trial, in order to prove the case, the prosecution examined 20 witnesses and marked 24 Exhibits along with 10 Material Objects. One witness was examined on behalf of the accused. The trial court convicted the accused for the offence under Section 302 of IPC and sentenced him to undergo imprisonment for 14 years and to pay a fine of Rs,8,000/- and in default of payment of fine to undergo rigorous imprisonment of one year for the offence punishable under Section 302 of IPC. Aggrieved by the same, the accused has filed Criminal Appeal No.251 of 2012 seeking reversal of the Judgment of conviction passed by the trial court and praying for his acquittal. Criminal Appeal No.764 of 2012 is filed by the State seeking enhancement and an appropriate sentence.

(2.) P.W.1 is the complainant and the father of the deceased. P.W.14 is the mother of the deceased. It is stated in their evidence that about 12 years prior to the incident their daughter Prema, namely, the deceased was given in marriage to one Sampangi who is none other than the elder brother of the accused. They lived together peacefully for sometime. A daughter was born. Thereafter the deceased gave birth to another child. She lived with them for 3 years. She used to go to School at Doddasagarasanahalli to cook food. Thereafter she left her house and was residing in another house along with her children. The villagers were aware of the illicit relationship with one Narayanappa. The police came to his house and told him that his daughter was chopped off. They took his LTM on the complaint at Ex.P-1. P.W.14 has further deposed that her daughter and son-in-law used to quarrel with one another. She was living with her children. Thereafter, she went to her mother-in-law's house and did not come to their house. The police told her that her daughter had died.

(3.) P.W.2 is a witness to the inquest and the spot mahazar who has turned hostile. P.W.3 is a witness to the spot mahazar as well as the Inquest mahazar. P.W.4 is the witness to the seizure of the clothes of the accused, in terms of Exs.P-4 and P-5.