DYAMAPPA SHETVEPPA BAJANTRI Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The appellant seeks to question his conviction for offences punishable under Sections 344, 302, 201 and 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C.", for brevity). He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.30,000/- and in default to pay fine amount, the accused shall undergo rigorous imprisonment for five years for the offence punishable under Section 302 of the I.P.C. and further rigorous imprisonment for two years and to pay a fine of Rs.1,000/- and in default to pay the fine amount, the accused shall undergo rigorous imprisonment for a further period of six months for the offence punishable under Section 344 of the I.P.C. and also to rigorous imprisonment for two years and to pay a fine of Rs.1,000/- and in default to pay the fine amount, the accused shall undergo rigorous imprisonment for the further period of six months for the offence punishable under Section 201 of the I.P.C. and similarly to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- and in default to pay the fine amount, the accused shall undergo imprisonment for a period of three months for the offence punishable under Section 506 of the I.P.C. The total fine amount was to be paid to the extent of 80% to the mother of the deceased, complainant by name Yashoda as compensation. It is this which is sought to be challenged in the present case.

(3.) It transpires that the complainant's daughter Yellavva was given in marriage. However, she had been deserted by her husband and she had returned to her matrimonial home and was residing with her mother. It transpires the niece of the complainant was given in marriage to PW-5 and they were residing at Hirebudnur. It transpires that Yellavva was visiting them on occasion and on one particular occasion she had visited them and stayed with them for several months. Accused No.1 who was married to accused No.2 was the immediate neighbour of Jayashree and he lived opposite their house. It transpires that accused No.1 had seduced Yellavva. It transpires accused No.1 and Yellavva developed a mutual friendship which had developed into a serious affair and it transpires that this came to the knowledge of the complainant and she had immediately directed Yellavva to come back to Goa and it then transpires that it is in this fashion that accused No.1 and Yellavva were separated. Further, the grandmother of Yellavva is said to have fallen seriously ill and was admitted to hospital. At that point of time, Yellavva was taking care of her grandmother at the hospital. It is alleged that accused No.1 came to know about the situation and had visited Yellavva at the hospital in Goa and enticed Yellavva to join him and had brought her back to Hirebudnur and she started to live along with accused No.1 and his wife at Hirebudnur. This had come to the knowledge of the complainant only after sometime and on learning that Yellavva was staying with accused No.1 and accused No.2, had immediately come to Hirebudnur and demanded that she should immediately return along with her to Goa, which she had refused to do and insisted that she would continue to live with accused No.1. In this regard, a Panchayath was called for of the village elders who had advised accused No.1 to send away Yellavva with her mother but however he insisted that he would also marry Yellavva though he was already a married man and had not divorced accused No.2 and assured the elders as well as Yashoda, the complainant that he would enter into a registered marriage with Yellavva. Though Yashoda had reluctantly gone away, Yellavva had continued to live with accused No.1. But, even after some lapse of time, since the issue of marriage was not settled, PW-5 who was concerned with the welfare of Yellavva had visited accused No.1 and demanded to know as to why the marriage was being delayed at which accused No.1 is said to have abused him and threatened him that he would cause serious harm if he interfered with his personal affairs and he had driven him way.