NARASIMHA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by appellant-accused being aggrieved by the judgment and order dated 23.07.2013 passed by the Fast Track Court, Tumakuru in S.C. No. 120/2012 wherein appellant-accused has been convicted for the offence punishable under Section 302 of IPC.

(2.) Brief facts of the prosecution case as per complaint averments are that one Smt.Laxmi Bai, who is the complainant in this case, filed a complaint under Ex.P1 wherein it is stated that about two years back she was given in marriage to one Gangaraju Naika. Herself and her husband were working in the factory of one Mohan Patil and they were staying in the factory room and leading their life. The sister-in-law of the complainant by name Manjula Bai was given in marriage to one Narasimha Naika about six years back and the said sister-in-law of the complainant was staying with her husband in her marital house. Said Manjula Bai was having a female child of five years old and since one year, as there was ill-treatment to her in the house of her husband, said Manjula Bai, the sister-in-law of the complainant came to Kunigal and she was staying along with the mother-in-law of the complainant in a rented house and she was working in a cotton factory. At that time, Narasimha Naika, husband of said Manjula Bai used to come and call his wife. He was calling her to go along with him, so that they can lead a family life in their house. At that time, the complainant, her mother-in-law and husband of the complainant were telling to Narasimha Naika that he can live along with them with his wife and they also told that he can do the work there itself in any factory and so advised Narasimha Naika and Manjula Bai. Whenever Narasimha Naika came to the house of the complainant, at that time, he was threatening and telling the husband of the complainant that if he is eliminated then only his wife will come and lead marital life with him. On 13.11.2011 at 08.00 p.m., the husband of said Manjula Bai went to the house where she was staying and made galata and then he came to the house where the complainant and her husband were staying at the factory. The husband of the complainant went and opened the gate. At that time, the accused abused the husband of the complainant in filthy words stating that with his support only his sister is not ready to go along with him and even though number of times he came and called, she is not prepared to go with him and if he commits his murder, then his sister will listen to his words and will lead marital life with him. Stating so, he caught hold the shirt of the complainant's husband and dragged him from the gate to road portion and he took out one chopper from the back side pocket of his pant and assaulted on the left portion of head and also on forehead. Husband of the complainant fell on the road. There was bleeding from the head and he expired there itself. It was 09.00 p.m., immediately accused Narasimha Naika ran away in the darkness. Hence, she requested the police to take proper action against the accused for committing the murder of her husband.

(3.) On the basis of the said complaint, case came to be registered in Crime No.374/2011 for the offence punishable under Sections 504 and 302 of IPC.