GURUBASAVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal instituted by original Accused-1 and Accused-2, is directed against the judgment and order of conviction and sentence passed against them for the offence punishale under Section 302, I. P. C. by the Sessions Judge, Mysore, on 23-11-1977, in Sessions Case No. 28 of 1977 on his file.

(2.) The appeal arises this way: Deceased Madaiah alias Kambliah was residing with his son P. W. 9. Mahadevaiah and his daughter-in-law P. W. 13 Maniyamma in a portion of the house in Tayur village. In the other portion of the house, his elder brother P. W. 10 Rangaiah alias Meddiah was residing along with the members of his family. Accused 1 Gurubasavaiah alias Suntaiah and his son Rangaiah alias Rangappa Accused 2 along with Chikkamaramma Accused-3, wife of Accused-1, were residing in the neighbourhood, about 30 feet away to the west of the house of the deceased. As evidence discloses, deceased Madaiah was an ex-convict who was sentenced for life for murdering a woman. He had returned from jail after undergoing the imprisonment. It is the case of the prosecution that the deceased developed illicit intimacy with Accused-3, wife of Accused-1 for about 3 years prior to the date of incident on 23-5-1977. In that connection, Accused-l had filed a complaint Exhibit P-l on 26-4-1977 before P. W. 2 T. N. Devaiah, Head Constable of Biligere Police Out Post, alleging that deceased Madaiah had come to his house in the afternoon of 26-4-1977 and was talking to his wife at about 3 p.m. and that when Accused-l took objection, a quarrel ensued and Accused-1' was assaulted by deceased Madaiah. On the basis of the complaint, Madaiah, the deceased, was called to the Police Station and he was admonished to behave himself as per Exhibit P-2, by the P.S.I.

(3.) It is further the case of the prosecution that there was a betrothal ceremony in the house of deceased Madaiah on 23-5-1977. The betrothal was of the sister of P. W. 9 Mahadevaiah. After the ceremony was over, they finished their meals and the members of the house retired to the bed. Deceased Madaiah was sleeping according to P. W. 9 and P. W. 13, on the pial of their house and his son and daughter-in-law P. Ws. 10 and 13 were sleeping inside the house. At about 11 p.m., however, P. W. 10, who was sleeping in his house, which is adjoining the house of the deceased, heard a cry of his brother, the deceased. He was crying loudly 'Mahadevaiah, Mahadevaiah.' Thereafter, P. W. 10 woke up P. W. 9 and told him about the cry. p. W. 9 also heard it and P. W. 9, P. W. 10 and P. W. 13 came out and found that the deceased was no longer found sleeping in the pial of the house and they proceeded in the direction from which the cry emanated and when they went to the house of the accused, they found that the deceased was being dragged from out of the house of the accused, he being held by Accused-1 and Accused-2 and Accused-3 also fol- lowing them. They further heard Accused-1' telling A-3, his wife, to bring a. rope from inside the house and they saw the Accused 1 and Accused-2 dragged the deceased to a pole in the cow shed. Accused-3 brought a rope and-also a chimney lamp. Thereafter, the deceased was made to sit against the. pole and he was tied to the pole. Then Accused-1 started beating the deceased with a club and when he was so beaten, two or three times, the club broke. Accused-2, son of Accused-1, beat the deceased with granite stone which was nearby. He assaulted him on the chest, on the back and other parts of the body. According to P. Ws. 9, 10 and 13, they requested the accused-not to assault the deceased and kill him. But, they did not listen. On the other hand, Accused-2 came and threatened them with a stone. The deceased, out of despair, asked for some water. Accused-1 urinated in the mouth of the deceased. Seeing the ghastly scene, P. W. 13 went to her house. After some time when Accused-2 assaulted the deceased with the stone, the deceased stopped' crying. Thereafter, P. W. 9 and P. W. 10 also returned to the house and sat on-the pial of their house.