THIMMEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by appellant - accused challenging the correctness and legality of judgment and order of conviction passed by the Fast Track Court-III and Additional Sessions Judge, Hassan in S.C. No.110/2007 on 22.05.2009 whereunder appellantaccused has been convicted for the offence punishable under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,500/- in default, further imprisonment for six months.

(2.) Brief facts of the case of prosecution as per the averments made in complaint (Ex.P.14) are that, P.W.16- Krishnegowda (complainant), who is the son of appellant-accused has stated that he is residing along with his parents. Himself and his sister Rekha (Kulli) are the children to their parents. His sister studied upto 8th standard and then she discontinued her studies. She was aged 16 years and he was aged 18 years studying in I year B.A. degree course at B.M. Shetty college, Konanur. Along with studies, he was also doing coolie work. His father's village was Akkalwadi. But, about 10 years back, his father shifted his family to Sabbatthi and there he purchased some lands and constructed house. For this, he sold ancestral landed properly at Akkalawadi. The complainant has further stated that his father was addicted to consuming alcohol and because of that reason, his father sold the landed properties. For the maintenance of the family, it was necessary for the complainant, his mother and his sister to do coolie work. Only landed property of about 1' acre which was nearer to their house property was the only property left for their family. The father of complainant by doing coolie work was using the amount for his vices and he was not giving it for family. Even his father was insisting the mother of the complainant and his sister to give their earnings from coolie work for said purpose. The complainant has also stated in the complaint that referring to his mother, appellantaccused was telling her that from the time she had entered his house was not auspicious and because of her entry into their family, he started selling landed property and so also house property, one after the other. Even his father had gone to extent of making an allegation against his mother that she was having illicit relationship with another person at the place where she was doing coolie work and picking up quarrel telling that she was carrying on prostitution and earning amount. Seeing appellant-accused abusing his mother and his sister, the complainant was also quarrelling with his father-the appellant herein. The appellant was abusing them by using filthy words and he was telling that he would commit murder of both of them and then go to jail. The complainant was consoling his father-appellant and sometimes, he used to advise him because they were afraid of him. On 18.2007, from morning, the complainant, his father, his mother and his sister were in the house. His father was going nearby the gate and returning back and he was moving around the landed property. Even at 00 p.m. also, he picked up quarrel asking mother and sister of the complainant to give amount for his expenses and he abused them by using abusive words. The complainant advised him. At about 4.00 p.m. on that day, the complainant went to attend work nearby brick house of Gerukuppe Channegowda to prepare the thrashing floor. But he did not return to house during night. Normally, he used to sleep in brick house of Channegowda. Even on date of incident, during night after having dinner, he slept there itself. On 19.2007, he woke up late, as he was working till 1.00 O'clock late night. At 8.30 a.m., when he woke up, he came home as usual, and the front door was locked. He thought that his mother and his sister might have gone to wash clothes. He came on back side of house and after washing his face, he peeped through window of the house. He saw that his mother and his sister were lying on the floor. After seeing the same, he also noticed that they were lying in the pool of blood. He became perplexed and started to scream using the words 'avva, avva' and 'kulli, kulli'. They did not talk to him. He moved towards front side of the house and called one Ashok who was proceeding on the road. He also came and on seeing them, called them as Rajammakka and Kulli. Even at that time, his mother, his sister did not speak. They came to know that they were murdered. Then they informed to the village people and the same was informed to the police also. The complainant was informed by the villagers to immediately go to police station and accordingly, he lodged the complaint stating that his father-appellant has murdered his mother and his sister on the ill will that they were not giving him money for his expenses. The complainant has also stated that suspecting fidelity of his mother, and also saying that her entry into their house was not auspicious, his father-appellant herein has committed the murder of both his mother and sister with a sharp weapon during the night of 18.2007 when they were sleeping in the house. After putting lock to front door, his fatherappellant had absconded from there. Accordingly, he requested police to take appropriate action against appellant-accused. On the basis of said complaint, case came to be registered for offence punishable under Section 302 of IPC in crime No.24/2007.

(3.) After completion of investigation, investigating officer has also filed charge sheet against appellantaccused for the offence punishable under Section 302 of IPC. After taking cognizance of the offence, learned Sessions Judge, framed charge as against appellantaccused and when it was read over and explained to him, appellant-accused pleaded not guilty and claimed to be tried. Accordingly, the matter was posted for trial. After trial, as appellant-accused came to be convicted by the learned Sessions Judge, he is before this Court challenging the legality and correctness of the judgment and order of conviction on the grounds as mentioned at ground Nos.1 to 18 of the appeal memorandum.