SOMASHEKARAPPA S/O CHOWDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 26.8.2013 passed by the Principal District and Sessions Judge, Chickballapur in Special Sessions Case No. 2/2010. By the said judgment, the accused has been convicted for the offence punishable under Section 302 of IPC and also for the offence punishable under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and accordingly, he was sentenced.

(2.) Brief facts of the prosecution case as per the averments made in the complaint (Ex.P.1) lodged by one H.G. Raghu (P.W.1) are that, about 15 years back, his sister Chandrakala, aged about 35 years, was given in marriage to one Narasimhamurthy of Melyapura Village, Hindupura Taluk, Andhra Pradesh State. For about 12 years, Chandrakala was happy in her matrimonial house at Melyapura. About three years back, the husband of the said Chandrakala expired and from that day, she was staying along with the complainant. On 10.5.2010 at about 12.30 noon, the said Chandrakala went out of the house to bring fire wood and she did not return till night. Then the complainant along with his friends went in her search towards Vaddara land and also towards tank, but she was not traced. Thereafter, in the morning at 6.30 a.m., again they went to search her. They found the dead body of the said Chandrakala in the land of one Venkatarayappa nearby Shettykunte. Somebody assaulted on her head with a weapon and committed her murder. There were bleeding injuries on the head. From the date when his sister Chandrakala came to the house of the complainant after the death of her husband, she was having illicit connection with one Ashwathappa, son of Somashekarappa, of his village, belonging to Devanga community. Hence, the complainant was having suspicion as against the said Ashwathappa. Therefore, he requested the police to take legal action as against the said Ashwathappa. On the basis of the said complaint, case came to be registered in crime No. 94/2010 for the offence punishable under Section 302 of IPC read with Section 3(2)(v) of SC/ST (POA) Act.

(3.) After completion of investigation, the investigation officer filed charge-sheet against the accused for the said offences. Then the learned Sessions Judge, after hearing both sides, framed charges against the accused for the said offences. The said charges were read over and explained to the accused, the accused pleaded guilty and claimed to be tried. Accordingly, the matter was set down for recording the evidence of prosecution.