STATE Vs. M.B. MOHANA

JUDGEMENT

(1.) These are the appeals filed by the State as against accused No.1 insofar as non-imposition of sentence of fine on the respondent for the offence punishable under Section 302 of IPC and sought to impose the sentence of fine and also the appeal by accused No.1 convicting him for the offences punishable under Sections 302 , 323 , 324 of IPC passed in SC No.39/2008 on the file of the Fast Track Court, Mandya and prayed to acquit him.

(2.) Brief facts of the case of the prosecution is that, the accused persons have committed the murder of Smt. Kalamma, who is the mother of PW1 who came to Mamballi village to cultivate the land given to her daughter and staying with her at daughter's house. The incident of murder was taken place on 24.05.2006. It is alleged in the complaint by the complainant that her marriage was solemnized with accused No.1 about 8 years back and out of the said wedlock, they are having two children. After the marriage, relationship was cordial for some time and thereafter, differences arisen between the complainant and accused No.1 and in this regard, several panchayats were held and two months prior to the filing of the complaint, accused No.1 along with other accused picked up quarrel with the complainant and driven out the complainant from her husband's house. It is further alleged that at that time, panchayat was held and in the said panchayat, 25 guntas of the land was given to the children of the complainant and compromise was entered between the parties. It is further alleged about 20 days prior to filing of the complaint, she again returned to the house of accused No.1 and started residing at Mamballi; four days prior to filing of the complaint, brothers of the complainant one Swamygowda and Ramakrishnegowda and her mother came to Mamballi village to cultivate the land given to the complainant. Her brothers after cultivating the land given to the complainant, returned to their village and the mother of the complainant continued to stay with the complainant in the house at Mamballi.

(3.) That on 24.05.2006 at about 1 a.m., when her mother Kalamma, complainant and her son Abhishek were residing in the house at Mamballi, accused No.1 was picked up quarrel with the complainant alleging that she brought her brothers to cultivate the land and assaulted her mother Kalamma with axe on her head and also assaulted the complainant with the said axe on her right side waist and at that time, one Swamygowda and Ramakrishnegowda came and pacified the incident and they took the injured and the complainant in an Auto rickshaw to K.R. Pet Government Hospital. The doctor after seeing Kalamma has informed that she is already dead. It is the case of the prosecution that accused No.1 at the instigation of the other accused persons has committed the offences against the complainant and her mother and hence, prayed to take action against the accused persons. The police have registered the case against the accused persons for the offences punishable under Sections 324 , 323 , 114 and 302 of IPC read with Section 34 of IPC. Accused No.1 was arrested and produced before the Court on 31.05.2006 and released on bail on 8.12.2013. Accused Nos.2 to 5 voluntarily surrendered before the trial Court and they were enlarged on bail as per the orders passed in Crl. Misc. No.575/2006 on the file of the Sessions Court. After the investigation, the Investigating Officer has filed charge sheet against these accused persons and after receipt of the charge sheet, cognizance was taken in Criminal Case at CC No.499/2006 against the accused persons and copy of the charge sheet was furnished to the accused persons and the offence is triable by the Sessions Court and hence, committed the case to the Court of Sessions for trial under Section 209 of Cr.P.C.