IMAMSAB FAKRUSAB BALEKAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-Al being aggrieved by the judgment and order of convictions and sentences dated 24-3-1986 passed by the Principal Sessions Judge, Belgaum, in Sessions Case No. 116 of 1985 convicting the appellant-A1 for the offence under Section 302 I.P.C., and sentencing him to imprisonment for life on two counts and for the offence under Section 201 read with 34 I.P.C., to undergo R.I. for one year, has filed this appeal.

(2.) The material facts are as under:- Sahebji (P.W. 2) is the mother of Mamtajbi (P.W. 1) and the deceased Muktumbi. The deceased Muktumbi was married to one Mohammedsab of M. K. from Hubli some three years before the incident. She stayed in the house of her husband hardly for a year. As she had not been treated properly, she came back to the house of her mother (P..W- 2) and started staying with her. While she left the house of her husband, she was not carrying and had no children. After the deceased started staying in the house of her mother, she came in contact with her neighbour, A-1 appellant herein, and developed illicit intimacy with him. She became pregnant by A-1 and delivered a child some few months before the incident. According to the prosecution, the deceased, who had become pregnant and had delivered a child, started saying that she would go to the house of A-1 and live with him as she became pregnant and delivered a child by him. A-1 had already a wife and thus quarrels were going on between A-l and the deceased on the deceased insisting upon staying in the house of A-1. On 1-5-1985 in the morning, the deceased started going along with her child with a handbag containing clothes of her and her child saying that she would go to Bylahongal and A-l also followed her. According to the prosecution, on that night Sahebji (P.W.2) and her another daughter Mamtajbi (P.W.I), after taking food, went to bed hi then- house which adjoins the house of A-l and A-2. At about mid-night, Sahebji (PW-2) and Mamtajbi (P.W.1) heard the cry of Muktumbi from the house of A-1. Mamtajbi (P.W.1) came out of the house on hearing the cry and Sahebji (P.W. 2) also followed her. Mamtajbi asked A-1 as to why Muktumbi shouting and crying. It is alleged that A-1 told her that he had murdered Muktumbi and her daughter. According to the prosecution, A-1 asked them to do what they liked. Thereafter, A-2 is said to have taken dung and cleaned the ground where the blood-stains had fallen. Thereafter, A-3, whose house adjoins the house of A-1 on the west, came with his tanga. A-1 and A-3 removed the dead bodies from the house, put them in the tanga, went to the well of Somappa (P.W. 12) and threw them into it. On Friday morning rumours spread that dead bodies of an adult female and a child were found floating in the well of Somappa (P.W. 12) at Hosur. Somappa, on seeing the dead bodies floating in his well, went to Murugod Police Station and lodged a complaint, Ex.P-18. The P.S.I, registered a case, rushed to the spot, got the dead bodies removed from the well and held inquest. Thereafter, the Police got the two dead bodies subjected to personnel medical examination, recorded the statements of various witnesses, drew up various mahazars and charge sheeted A-l to A-3 for the offences under Sections 302 and 201 read with Section 34 I.P.C.

(3.) The Magistrate committed the case to the Court of Session at Belgaum.