A.T. MAHESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are by the convicted accused Nos. 1 and 2 against the judgment and order of conviction passed by the Principal Sessions Judge, Chikmagalur, in Sessions Case No. 122/2011 dated 26.4.2012 where under the accused Nos. 1 and 2 are convicted for the offences punishable under section 302 r/w. section 34 of Indian Penal Code and are sentenced to undergo imprisonment for life and a fine of Rs. 2,00,000.00 each, in default to pay fine, to undergo rigorous imprisonment for a period of one year. It is also ordered that out of the fine amount payable by each of the accused Nos. 1 and 2, Rs. 1,75,000.00 shall be paid to PW.1 Smt. Gowramma, w/o. Revanasiddappa as compensation and the balance amount of Rs. 25,000.00 shall be confiscated to the State Government.

(2.) The case of the prosecution is that the deceased Revanasiddappa and his wife Smt. Gowramma (PW.1) were the residents of Anuvinahalli village, Tarikere taluk, Chikmagalur district. On 16.4.2011, after dinner, they were sleeping in their house. At about 10.30 or 11.00 p.m., somebody rung the calling bell. The deceased peeped through the window and asked as to what was the matter and the person who was outside the house informed him that she-buffaloes are found grazing in the onion field. Immediately the deceased put on his monkey-cap and went out carrying a torch light. On the next day morning, when PW.1 - the wife of the deceased went in search of the deceased, she found him lying dead with injuries on his head and private parts. One of his testicles was also found at a distance.

(3.) On receiving the information of the incident, PW.24 - the PSI of Ajjampura Police Station rushed to the spot and received a written complaint from the wife of the deceased (PW.1) and on its basis, Cr.No.42/2011 came to be registered against unknown persons. The further investigation was continued by PW.26 - the CPI, Tarikere. He visited the place of incident, drew up an inquest mahazar and seized the material objects found at the spot of occurrence including a key. It is the case of the prosecution that the son-in-law of the deceased PW.9 identified the said key as that of the motorbike of accused No. 1 and hence, along with the panch witnesses, the Investigating Officer proceeded to the house of accused No. 1 and found a motorbike parked outside his house. Having found that the said bike could be started with the key found at the spot of occurrence, he seized the motorbike. On 25.2011, accused Nos. 1 and 2 were arrested and on the basis of the alleged voluntary statements of accused Nos. 2 and 3, the blood stained clothes worn by them at the time of the incident were recovered and were sent to Forensic Laboratory for scientific examination and on completing the investigation, charge-sheet was laid against the accused.