NAGARAJA @ NAGA @ NAGARAJA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 08.08.2012 passed by the Fast Track Court at Hunsur, Mysore District, convicting the appellantaccused for the offences punishable under Sections 302 and 201 of IPC and accordingly sentencing him to undergo life imprisonment for the offence punishable under Section 302 and to undergo simple imprisonment for two years for the offence punishable under Section 201 of IPC. Being aggrieved by the said judgment and order of conviction and also challenging legality and correctness of the judgment and order of conviction, the appellant-accused is before this Court in this appeal.

(2.) Brief facts of the case of the prosecution are that the wife of the deceased firstly lodged the complaint for missing of her husband, which is as per Ex.P-1, wherein she has stated that about 13 years back she married Revanna. They have one male and one female issue. About 4 years back they came to Koppa Village along with their family and they were residing in a rented house doing coolie work. On 31.03.2011 at about 7.00 p.m. husband of the complainant went out of the house stating that he is going to shop to bring articles. However, even at 10.00 p.m. on that day he did not come back to the house. She went and searched for him but he was not traced. Even she went to the relative's house and made search. She did not get any clue about her missing husband. On the basis of the said complaint, case came to be registered in Cr.No.34/2011 for man missing. Subsequently she filed another complaint in Ex.P.-2 wherein she has stated that she has already lodged a complaint on 02.04.2011 about missing of her husband and when herself and her relatives were making search of her husband, one Suresh and Ravi informed her that on 31.03.2011 at about 8.00 p.m. her deceased husband Revanna and the accused Naga @ Nagaraja were moving together. Thererfore, she went to the house of said Nagaraja and enquired with the wife of said Nagaraja who told her that even her husband had not come to the house. The husband of the complainant and the said Nagaraja, the accused herein, were working together as Loaders. Previously when her husband was not going to the work of loader, they had financial difficulty for the maintenance of the family and Nagaraja-accused herein had advanced Rs.5,000/- to the husband of complainant and he was insisting the deceased to pay back the money. In that connection, there were some differences and quarrel between them and the deceased had assaulted Nagaraja and made the galata. In that connection, herself and her relative Shankar s/o Ramaiah had pacified Nagaraja. From the date of the missing of her husband, the accused Nagaraja also had gone somewhere and had not returned to his house. In connection with repayment of loan amount, the accused Nagaraja had picked up quarrel with her husband and committed his murder. Therefore, she requested to secure accused Nagaraja and take legal and appropriate action against the said Nagaraja.

(3.) On the basis of the said complaint, Ex.P-2, the case came to be registered in Cr.No.35/2011 for the offence punishable under Section 302 of IPC.