MAHADEVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the appellants/accused-1 & 2 is directed against the judgment of conviction and order of sentence dated 10.12.2013 by the III Additional Sessions Judge at Mysuru in SC No.50/2012 convicting the appellants/accused for the offence punishable under section 302 r/w. 34 of IPC and sentencing them to under go life imprisonment and also to pay fine of Rs.25,000/- each for the offence punishable under section 302 of IPC and in default of payment of fine, the accused- 1 & 2 shall undergo simple imprisonment for a further period of one year. Further, out of fine amount of Rs.25,000/-, the trial Court had ordered to pay an amount of Rs.20,000/- to PW.2-Nooralamma (the complainant), the wife of the deceased as compensation.

(2.) The brief factual matrix of this case is that,- Accused No.1 is the son-in-law of the deceased Chikka & Chikkaiah (for short, referred to as 'Chikkaiah') and the complainant; that Susheela, the first daughter of complainant and Chikkaiah was given in marriage to Accused No.1 about 2 years prior to the death of Chikkaiah, Accused No.1 and Susheela were residing with deceased and the complainant in their house; that for six months, they led happy life and thereafter, Accused No.1 left to Channegowdanahundi Village on the ground that his mother is not having good health and thereafter he was not attending the home of the deceased regularly; that since then, he started to reside separately and he used to quarrel with the deceased alleging that the deceased was keeping his daughter in his house and asked him to send his daughter, ie., wife of Accused No.1; As the mother of the deceased by name Javaramma was residing in Channegowdanahundi Village in the house of her brother was not carrying good health, on 11.02.2010, deceased Chikkaiah had been to Channegowdanahundi Village in order to meet his mother; that at that time, accused were also there and the deceased left the house and at about 6.30 p.m. on the ridge of the land in Sy. No.23 belonging to one Putte Gowda, son of Javare Gowda of Yarahalli Village; at that time, the accused in furtherance of their common intention, in order to commit the murder of deceased Chikkaiah picked up quarrel with him and Accused No.1 assaulted the deceased by a Club on his head while Accused No.2 fisted him and also kicked on his private part and caused fatal injuries to the deceased; Hearing the noise of screaming, when the neighbours rushed to the spot, the accused ran away and some people gathered there, had shifted the injured Chikkaiah to H.D.Kote Government Hospital and from there he was shifted to K.R. Hospital, Mysore, for better treatment. But inspite of best efforts, the said Chikkaiah succumbed to injuries in the hospital on 12.02.2010 at 1.00 p.m. and therefore, in this regard, the complainant has lodged the complaint against the accused.

(3.) Pursuant to the said complaint, the Investigating Officer registered a case and got conducted inquest on the dead body and post mortem was done by the Doctor PW11, and he visited the scene of offence, and drawn a mahazar relating to dead body of deceased Chikkaiah as per Ex.P1 in the presence of PW.1, which is said to be conducted by PW.19. Ex.P4 is the seizure mahazar said to be conducted by the IO in the presence of PWs. 5 & 7 and obtained their signatures and recovered MO.1. EX.P8 is the Post-Mortem Report said to be issued by PW.11-Dr.Y.Udayashankar after conducting autopsy on the dead body of deceased Chikkaiah. Ex.P16 is the FIR said to have recorded on the basis of complaint lodged by the complaint relating to the murder of the deceased Chikkaiah by the accused and recorded the statement of witnesses. Based on the said complaint filed by PW.2-Nooralamma, who is none other than the wife of the deceased, the Police registered a case in Crime No.54/2010 for the offences punishable sunder Sections 302, 201 r/w 34 of IPC. After completion of investigation in the said case, the Investigating Officer has laid the charge sheet against the accused for the aforesaid offences before the committal Court and thereafter it was numbered as SC.No.50/2012.