MAHADEVAPPA SANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant Mahadevappa has been convicted of murder of his wife Fakirawwa and his two year old son Ramalinga and of assaulting Mahadevi (PW.1) under Secs.302 (two counts) and 324 of the IPC and sentenced to undergo imprisonment for life and RI for one year, with a direction that the sentences should run concurrently, by the Principal Sessions Judge, Belgaum, in SC.69 of 1976.

(2.) The prosecution case was that Basavannevva (PW.2) was the first wife of the appellant, while Fakirawwa was his second wife. The two wives were living separately with their children in the same house in different portions as the two wives were not pulling on amicably. Mahadevi is the eldest daughter of Fakirawwa. At the time of the incident she was aged about 6 years. The eldest son of Fakirawwa was residing with his grand-mother in a different village. The last son of Fakirawwa, is one Ramalinga, aged about 2 years.

(3.) On the night of 30-5-1976 Fakirawwa and her son Ramalinga were done to death and Mahadevi sustained injuries. Gurubasappa (PW.3), a neighbour of appellant, came to know about this incident from Mahadevi the same night, but he did not inform any one. On the morning of 31-5-1976, it appears, Mahadevi went to the police outpost at Dodwad in the same village and reported to Lingayya, Head Constable (PW.12) about the incident. Lingayya. noticing injuries on Mahadevi, sent her to Dr.Dhondiram (PW.6), who examined her and found three injuries on her which were simple in nature. Lingayya went near the house of the appellant and found the door closed. He went into the house and found the dead-bodies and no one else present in the house. He came back to the out-post, wrote Ext.P23 and sent the same to Bailhongal police station. Chandrasekhar (PW.13) Sub-Inspector of Police on receipt of Ext.P23, registered a case against the appellant for murder and for assaulting Mahadevi. He went to the spot and recorded the statements of some witnesses. Post-mortem was conducted on the two dead bodies by Dr.Dhondiram on 31-5-76. He noticed that Fakirawwa was pregnant at the time of her murder. He found a number of injuries on both the dead bodies and opined that the deaths were due to shock and haemorrhage. Chandrasekhar arrested the appellant on 8-6-1976 at Belavadi. He brought the appellant to Dodwad out-post where he made a statement as per Ext.P32 which led to the recovery of MO.3 banian and MO.2 sickle. These articles were found to be stained with human blood.