PARVATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants are Accused Nos. 1 & 2 before the 1st Additional District and Sessions Judge, D.K. Mangaluru in SC No.57/2011. Both the accused were convicted for the offence punishable under Sec. 302 of Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.5000.00 each in default to undergo further imprisonment for a period of three months.

(2.) The brief factual matrix of the case as unfolded are that, Accused No. 1 & 2 and also the deceased Saraswathi along with the child of Saraswathi and the wife of Accused No.2 were all residing in house No.547 Apperi Pade, Ukkada, Vittla, Kasba Village, Bantwal Taluk, belonging to PW.8-Krishnappa Naika. It is the allegation that the accused persons wanted to sell that house property to PW.9-Kasim @ Abdul Kasim, which was objected by the deceased Saraswathi. It is also the case of the prosecution that the accused persons were suspecting the fidelity and conduct of the deceased. On the above said grounds, they wanted to eliminate the lady Saraswathi. In this context, it is alleged that, on 17.02.2011 in the morning hours at about 8.00 a.m., the appellants/accused: 1-Parvathi & 2-Ravish taking advantage of the situation, have assaulted the deceased with swords (Kathhis) and caused severe injuries on her. Due to the severe injuries, the deceased Saraswathi succumbed to the injuries on the spot itself. This incident was seen by the child- Rohitashwa (PW.22).

(3.) On receiving complaint from PW.1-Poovappa Naik, the father of the deceased as per Ex.P1, the police have registered a case in Crime No.30/2011 for the offence punishable under Sec. 302 r/w. 34 of Penal Code and investigated the matter and laid the charge sheet against the accused persons for the above said offence.