BHIMSHI YALLAPPA BANDIWADDAR, AGE: 22 YEARS, OCCUPATION: MASON, RESIDENT OF HULAKUND, TALUK RAMDURG, DISTRICT BELGAUM Vs. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH, DHARWAD

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Additional State Public Prosecutor.

(2.) The appellants are accused Nos.1, 2 and 4. Accused No.3 was a juvenile and therefore he was prosecuted before the Juvenile Justice Board. Therefore, he is not in appeal before this Court. The accused having been convicted for the offences punishable under Sec. 498A, 302 and 201 read with Sec. 34 of the Indian Penal Code, 1860(hereinafter referred to as the 'IPC' for brevity) and has imposed a sentence of life imprisonment upon the accused for the offence punishable under Sec. 302 and a fine of Rs. 5,000.00 each and further simple imprisonment for a period of two years, each, for the offence punishable under Sec. 498A and also imposed a fine of Rs. 2,000.00 each, and further simple imprisonment for a period of two years for the commission of the offence punishable under Sec. 201 read with Sec. 34 apart from fine of Rs. 2,000.00 each. It is that which is under challenge in the present appeal.

(3.) It was the case of the prosecution that accused No. 1-Bhimshi was said to have married the deceased Laxmi @ Huligevva in the year 2006 and she was the second wife whom he had married, during the life time of his first wife-Laxmi who is arrayed as accused No.4. Accused No.2 is the mother of accused No. 1 and accused No.3 is the brother of accused No. 1. It transpires that the deceased Huligevva was subjected to physical and mental cruelty throughout her matrimonial life and that on 16.09.2008, all the accused together had assaulted the deceased with a common intention to commit her murder and thereafter had taken her dead body and tied her infant child, about 13 months old, to her abdomen with a cloth and then had thrown the dead body of Huligevva along with the child into an abandoned well and it is in this fashion that they had committed her murder and made it seem like suicide. It is on receiving; information about the incident that PW-1-Mallavva Maruti Salotagi-the complainant who was residing at Modikoppa Village, along with her son and daughters had come to the village at Hulakund and had lodged a complaint alleging the aforesaid circumstance. And that it was noticed by the material kept on the bank of the well, namely, clothes meant for washing, a bar of soap, brush and tumbler indicating that she had come there to wash the clothes and had fallen into the well. However, it was alleged in the complaint that the deceased was subjected to cruelty both physically and mentally for a long time and at the time of her death, she was pregnant with yet another child by 4 months and she was being tortured on the allegations of not being a good cook nor capable of doing agricultural work and that she was spending her time gossiping with neighbours and not attending to the family and in this manner she was being tortured and ultimately had been killed by all the accused. On these allegations, the proceedings had been initiated against the accused and ultimately, they stood trial and pleaded not guilty and claimed to be tried. The prosecution had examined 25 witnesses as PW.1 to PW.25 and had marked several exhibits and material objects.