SAIBANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of a judgment of the High Court of Karnataka upholding the conviction of the appellant on the charge of Section 302 and confirming the death penalty imposed on the accused-appellant.

(2.) The appellant- Sabena was convicted for the murder of his wife- Nagamma, aged about 22 years, and his daughter Vijayalakshmi. , aged about 1 1/2 years. The appellant had earlier committed murder of his first wife- Malakawa for which he was convicted in Sessions Case No. 32/88. While the appellant was an under trial prisoner, he came into contact with PW 1- Dattu, who was also an under trial prisoner. PW 1-Dattu is the father of the deceased, Smt. Nagamma. The appellant persuaded PW 1 to give his daughter- Nagamma in marriage to him. PW 1 also gave an assurance to the appellant that he would try and get the appellant acquitted in the case against him. Later on, PW 1-Dattu was discharged by the court. During the period of the trial, the appellant was on bail for sometime and he utilised this for getting married to Nagamma. He also begot a female child Vijayalakshmi from her. He was thereafter convicted in Sessions Case No. 32/88 and was handed down a sentence of life imprisonment. His appeal against conviction in that case was dismissed by the High Court of Karnataka.

(3.) While serving the sentence of life imprisonment, the appellant was released on parole for a period of one month on 19th August, 1994. On 12th September, 1994, the appellant along with his wife, deceased Nagamma, their child, Vijayalakshmi, PW 21-Sharanawwa, Mahantappa and others went in a jeep to the house of PW 1-Dattu at Bhosga Village. They had a festivity and a good festive meal. Thereafter, the appellant, Smt. Nagamma, child Vijayalakshmi, PW 1-Dattu, PW 21-Sharanawwa and Mahantappa went to the newly constructed house of PW 6-Hanumanthappa (brother of PW 1) to sleep there. During the night, suspecting the fidelity of his second wife, Nagamma, the appellant assaulted her with a jambia ( a sort of long bladed knife used for attack or hunting) and inflicted 21 injuries. On being assaulted, and grievously injured, she ran out of the room and fell outside the room where PW 1 and PW 21 were sleeping. The accused also assaulted the minor child Vijayalakshmi with the jambia and inflicted 6 injuries on her. He also attempted to commit suicide by inflicting injuries on his person. As a result of the injuries inflicted, both Nagamma and minor child Vijayalakshmi died, but the appellant survived to face the trial.