Mallikarjun vs State Of Karnataka

This appeal arises out of the judgment dated 30.05.2008 passed by the High Court of Karnataka in Criminal Appeal No.124 of 2005 in and by which the High Court affirmed the conviction of the appellants-accused Nos.1, 2 and 4 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon each of them. The High Court also affirmed their conviction under Section 448 read with Section 34 IPC and sentence of imprisonment imposed upon each of them.

2. The appellants-accused No.1-Mallikarjun, accused No.2- Ravi and co-accused No.3-Maruti (absconding) are the sons of 1 accused No.4-Balappa. It is alleged that deceased Bhimraya was having illicit affair with Bhimawwa-wife of accused No.4- Balappa since 4-5 years prior to the incident and therefore, all the accused were said to be having enmity with the deceased Bhimraya. PW-5- Kamalamma is the mother of deceased. Case of the prosecution is that on 14.06.2002, PW-6-Mareppa- father of the deceased went to village Kaulur to attend marriage. PW-7-Hanmanth-brother of deceased went to the fields for ploughing in the early morning. At about 09.00 am, deceased-Bhimraya went outside to attend the call of nature. When he was returning towards his house, accused No.1- Mallikarjun, accused No.2-Ravi and accused No.4-Balappa (appellants herein) along with accused No.3-Maruti (absconding) arrived there armed with weapons in their hands. All the four accused persons were threatening the deceased while chasing him saying that they would finish him off as he continues with illicit relationship with the wife of accused No.4/mother of accused Nos.1 to 3. Deceased-Bhimraya came into his house, went straight to the kitchen and closed the door. Kamalamma (PW-5), mother of deceased tried to persuade the 2 accused persons not to kill her son. PW-7-Hanmanth came from field but seeing weapons in the hands of the accused persons, he did not go inside the house; but he saw the incident. All the four accused started pushing the kitchen door and then deceased came outside the kitchen. Accused No.4- Balappa is alleged to have exhorted other accused to kill deceased saying that he should not be left alive as he has been having an affair with his wife for 4-5 years and both are tarnishing the image of their family. Accused No.1-Mallikarjun inflicted an injury on the left side of waist of deceased with MO- 1-dagger; accused No.2-Ravi assaulted deceased with dagger- MO-2 on his nose and on left eye-brow. Accused No.1 again inflicted the injuries with MO-1-dagger on the chest, right elbow and right thigh of the deceased. After that accused No.3-Maruti dragged the deceased and knocked him to the ground. Accused No.4-Balappa assaulted the deceased on his back with the handle of the axe (MO-3). Accused No.2-Ravi caught the head whereas accused No.3 and 4 caught both the legs of the deceased and accused No.1 cut the neck of the deceased with MO-1-dagger. PW-5-mother of deceased raised alarm 3 crying for help. PWs 1 to 4 and PW-7 and others came near to the spot and on seeing them, all accused ran away from there leaving one dagger (MO-2) and handle of the axe (MO-3) on the spot.

3. On the same day at 01.15 pm, PW-5- Kamalamma, mother of deceased lodged complaint before Saidapur Police Station which was reduced to writing by PW-17-PSI S.Y. Hunshikatti; based on which, FIR was registered in Crime No.44/2002 at Saidapur Police Station under Sections 448, 504 and 302 IPC read with Section 34 IPC. PW-17-PSI went to the scene of occurrence and conducted inquest (Ex.-P6) and initial part of the investigation viz. preparation of the spot panchnama (Ex.-P7) in the presence of PW-8-Chandrappa and PW-9- Mahadevappa Needgera. Bloodstained dagger (MO-2), bloodstained handle of the axe (MO-3), bloodstained mud (MO-

10. PW-5-mother of the deceased, in her evidence, stated that on 14.06.2002 at 09.00 am, deceased Bhimraya went out to attend the call of nature and when he was coming back to the house, accused No.1 holding dagger-MO-1, accused No.2 holding dagger-MO-2 and accused No.4 holding handle of the axe-MO-3 chased the deceased and the deceased went inside the kitchen and closed the door. PW-5 stated that she pleaded with the accused for mercy and asked them not to do anything to Bhimraya. The accused, however, pushed the kitchen door and Bhimraya came outside to the verandah and at that time, accused No.1 attacked the deceased at his left waist with MO- 1-dagger and accused No.2 stabbed on the nose and left eye brow with MO-2-dagger. Accused No.1 again stabbed the deceased on the right elbow. It is alleged that accused Nos.2 to 4 caught hold the legs and hands of Bhimraya and accused No.1 inflicted chop wound on the neck of Bhimraya and Bhimraya died on the spot. PW-7-brother of deceased who came back from the field for meals also witnessed the occurrence and spoke about the overt act of the accused. Motive is stated to be the illicit relationship of the deceased with 9 the mother of accused Nos.1 to 3 and wife of accused No.4. It is alleged that the deceased used to go to the house of accused No.4 and wife of accused No.4 used to go to the house of deceased.

26. In the result, conviction of accused No.1-Mallikarjun and accused No.2-Ravi under Section 302 IPC read with Section 34 IPC and Section 448 IPC read with Section 24 IPC and the sentence of imprisonment imposed upon them are confirmed and the appeal is dismissed qua accused Nos.1 and 2. Conviction of accused No.4 is set aside and he is acquitted 24 from all the charges levelled against him. This appeal is partly allowed accordingly.

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