Karnataka High Court
Gangappa S/O Mookappa Kager vs The State Of Karnataka on 16 December, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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CRL.A No. 100094 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.100094 OF 2020
BETWEEN:
1. GANGAPPA S/O MOOKAPPA KAGER
AGE: 27 YEARS,
OCC: FARMER,
R/O: IRAPURA VILLAGE,
NOW AT: TAVARAGERA VILLAGE,
TQ: KUSHTAGI,
DIST: KOPPAL-583 277.
...APPELLANT
(BY SRI.MANOJ BIKKANNAVAR FOR
SRI.ANAND R.KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD,
THROUGH TAVARAGERA POLICE STATION-580011.
...RESPONDENT
(BY SRI.V.M.BANAKAR, ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
Digitally signed
by ROHAN
374(2) OF CR.P.C. SEEKING TO SET ASIDE THE ORDER OF
ROHAN HADIMANI T
HADIMANI Date: CONVICTION, INCLUDING THE FINE IMPOSED BY THE
T 2022.12.16
15:38:10
+0530
DISTRICT AND SESSIONS JUDGE, KOPPAL IN SESSION CASE
NO.36/2015 DATED 08/11/2019 & PRONOUNCEMENT OF
SENTENCE DATED 12/11/2019 PUNISHABLE UNDER SECTION
302, 504 OF IPC.
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CRL.A No. 100094 of 2020
THIS CRIMINAL APPEAL HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT, COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, G
BASAVARAJA J., DELIVERED THE FOLLOWING:
JUDGMENT
1. The above appeal has been filed by the accused aggrieved by the judgment of conviction and order of sentence dated 08.11.2019 passed by the District and Sessions Judge, Koppal, in S.C.No.36/2015.
2. The parties are referred to as per their ranks before the trial court for the sake of convenience.
3. The trial court by the aforesaid judgment convicted the accused for the offences punishable under Sections 504 & 302 of IPC and sentenced the accused as under:
3.1 Accused shall undergo rigorous imprisonment for one year for the offence punishable under Section 504 of IPC.
3.2 Accused shall suffer life imprisonment with rigorous imprisonment for the offence -3- CRL.A No. 100094 of 2020 punishable under Section 302 of IPC and also he shall be liable to pay fine amount of Rs.20,000/-, for this count of offence. 3.3 The period of judicial custody undergone by the accused at pre-trial stage and also during trial stage of this Sessions case and accused is in judicial custody from his voluntarily surrender in Tavaragera police station in Crime No.25/2015 from 02.04.2015 as on today, and as such, the accused is entitled to avail the benefit of set-off as per Section 428 of Cr.P.C.
as against his sentence of imprisonment awarded to him.
3.4 The sentences awarded against the accused in the above Sessions case, on both counts of offences, shall run concurrently. 3.5 Out of fine amount to be deposited by the accused, as ordered by this Sessions Court, -4- CRL.A No. 100094 of 2020 against the accused, out of said fine amount, an amount of Rs.10,000/- each, shall be payable to PW-3 - Monamma D/o.Late Amaresh and PW-9 - Dodda Yamanur, s/o. LateAmaresh, equally, as per Section 357(1)(a) of Cr.P.C.
4. The factual matrix observed from the prosecution papers required for the decision of the case are that:
4.1 The husband of deceased Hanamanthawwa @ Ayyamma namely, deceased Amaresh, had availed loan amount of Rs.50,000/- to 60,000/-
and could not discharge this loan amount during his lifetime. The widow -
Smt.Hanamanthawwa @ Ayyamma used to pester the accused-brother of Amaresh everyday to discharge the said loan amount, in response the accused had denied to repay the said loan liability, as it was raised by her deceased husband and in that regard accused used to pickup quarrel with her.
-5-CRL.A No. 100094 of 2020 4.2 This being the case, on 02.04.2015, approximately at about 06.00 p.m. when the deceased Hanamanthawwa @ Ayyamma was seated along with CW1-Smt.Hanamawwa, w/o. Hanumanta Daniyar, near Kittur Rani Chennamma School, behind bus stand at Tavaragera in front of her house, accused came holding axe in his hand and picked up quarrel with the deceased Hanamanthawwa @ Ayyamma and abused her in filthy language "ley sule, without paying your husband's debt you are asking me to pay the debt of your husband" and further uttered that, he will not leave her alive today and with the motive of killing her, assaulted her with axe on hind side and caused grievous injury.
4.3 Initially she was admitted to C.H.C. Hospital, Tavaragera and later on, she was admitted to -6- CRL.A No. 100094 of 2020 Dhanush Hospital at Bagalkot and the attendant doctor gave treatment to her and opined of no hopes of survival and advised for the discharge of Hanumanthawwa from the hospital. CW1 - complainant - Smt.Hanamawwa Daniyar on 04.04.2015 at 2.00 p.m. shifted the injured Hanamanthawwa @ Ayyamma by discharging her from Dhanush Hospital, Bagalkot, took admission in Tavaragera Government Hospital, Tavaragera; however, on the very same day Hanamanthawwa @ Ayyamma died at 08.15 p.m.
5. The complainant had filed her complaint before the Tavaragera police station. On that basis Tavaragera police have registered a case in Crime No.25/2015 for the commission of offences punishable under Sections 307, 504, 506 of IPC and thereafter, CW1 - Hanamawwa Daniyar has given her additional statement on 04.04.2015 stating that, her daughter -7- CRL.A No. 100094 of 2020 Hanamanthawwa @ Ayyamma, aged 45 years, who had suffered assault injuries, was admitted for medical treatment at Dhanush Hospital, Bagalkot and after providing 2 days medical treatment, the attendant doctor in Dhanush Hospital advised the complainant - CW1 to discharge Hanumanthawwa @ Ayyamma from the hospital and to take her as there lies no hope of survival. Thereafter, the complainant after discharging her from Dhanush Hospital, Bagalkot on 04.04.2015 at 2.00 p.m.; got her admitted to Tavaragera C.H.C; however, on the very same day her daughter Hanumawwa @ Ayyamma succumbed to grievous injuries caused on her neck and died at 08.15 p.m. Thereafter, the information was transmitted to Tavaragera police station about death of complainant's daughter Hanamanthawwa @ Ayyamma and the IO has submitted requisition before the committal Magistrate i.e., JMFC, Kushtagi for inclusion of Section 302 of IPC against the accused in the original FIR submitted in Tavaragera -8- CRL.A No. 100094 of 2020 police station in Crime No.25/2015 in view of death of complainant's daughter Hanamanthawwa @ Ayyamma and this requisition was received by learned JMFC, Kushtagi on 05.04.2015 and since accused had surrendered himself before the Tavaragera police station on 02.04.2015 at 10.00 p.m., the IO-P.W.15 registered this requisition by adding Section 302 of IPC and also arrested the accused after his voluntarily surrender. P.W.15 - IO recorded his voluntary statement and seized the axe produced by the accused (MO.1) under seizure panchanama in the presence of pancha witnesses namely, C.W.9 and C.W.10 and thereafter, C.W.21 wrote remand application and produced the accused before JMFC, Kushtagi. Since then the accused is in judicial custody.
6. After filing the charge sheet, case was registered in C.C.No.237/2015 by the Civil Judge and JMFC, Kushtagi and after committal of this case to the -9- CRL.A No. 100094 of 2020 District and Sessions Judge, case was registered in S.C.No.36/2015. Thereafter, the accused was produced before the Sessions Court and represented through his counsel. After hearing the parties, trial court has framed the charges for the commission of offences punishable under Section 504 and 302 of IPC and same was read over and explained to the accused in the language known to him. Having understood the same, accused has pleaded not guilty and claimed to be tried.
7. To prove the guilt of the accused, the prosecution has examined as many as 16 witnesses as P.W.1 to P.W.16 and got marked Ex.P-1 to P-25 and also got marked MO.1 to MO.8. On closure of prosecution side evidence, a statement under Section 313 of Cr.P.C. is recorded as to the incriminating evidence found against the accused. The accused has totally denied the evidence of prosecution witnesses, but he
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CRL.A No. 100094 of 2020 has not chosen to lead any defence evidence on his behalf.
8. On hearing the arguments, the trial court has passed the impugned judgment of conviction and order of sentence. Being aggrieved by the judgment of conviction and order of sentence passed by the trial court, the accused/appellant has preferred this appeal.
SUBMISSION OF COUNSEL FOR THE ACCUSED:
9. He submits that:
9.1 Trial court has not appreciated the evidence on record in a proper perspective. The complainant had not completely supported to the case of prosecution. C.W.2 and C.W.4 have specifically admitted that they have not witnessed the scene of offence, however has heard the voice of complainant.
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CRL.A No. 100094 of 2020 9.2 The evidence of prosecution witnesses have not been corroborated by the independent witnesses. P.W.2 has not supported to the case of prosecution. Accordingly, prosecution has failed to prove the guilt of accused. 9.3 Further it is submitted that if the Court has come to the conclusion that the accused has committed the alleged murder of the deceased, then it would come under the Exception 4 of Section 300 of IPC, which is punishable under Section 304 of IPC. There is no pre- meditation, motive or intention to commit the murder of deceased and due to sudden provocation the accused has assaulted the deceased. Hence, accused is liable for punishment under Section 304-I of IPC and that there are no ingredients to attract the offence punishable under Section 302 of IPC.
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CRL.A No. 100094 of 2020 On all these grounds, sought for allowing this appeal.
SUBMISSIONS OF LEARNED ADDL. SPP:
10. He submits that:
10.1 The trial court has passed the impugned judgment of conviction by appreciating the evidence on record in a proper perspective manner.
10.2 With regard to offence punishable under Section 304-I of IPC is concerned, the accused has not taken any defence before the trial court that accused has assaulted the deceased due to sudden provocation, on the contrary, during the course of cross examination of prosecution witnesses it was suggested by the accused that "death has occurred due to falling of forage cutting machine" and after assault accused ran away with axe and surrendered before the police.
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CRL.A No. 100094 of 2020 10.3 The evidence of prosecution witnesses reveals that prior to this incident, 6-7 times quarrel had taken between the accused and the deceased regarding the payment of loan amount. Conduct of the accused reveals that he has committed the murder of this deceased with an intention, motive and knowledge and pre- meditation. Hence, the offence punishable under Section 304-I of IPC is not attracted. 10.4 Trial court has rightly convicted the accused for the offence punishable under Section 302 & 504 IPC and that appellant has not made out any grounds to interfere with the impugned judgment. On all these grounds, he sought for dismissal of the appeal.
11. We have carefully examined the evidence placed by the prosecution.
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CRL.A No. 100094 of 2020
12. C.W.1 - Hanamawwa, W/o. Hanumant Daniyar, the mother of deceased and the complainant, as the eye witness to the assault made by the accused on 02.04.2015, is examined as P.W.1. 12.1 She has deposed in her evidence that the deceased Hanumawwa @ Ayyamma is her daughter. She was called by two names as Hanamanthawwa @ Ayyamma. She knew the accused and accused is the brother-in-law of her daughter deceased Hanamanthawwa @ Ayyamma. Since 5 to 6 years she is residing along with her daughter at Tavaragera and at present also she is residing along with her daughter (deceased Hanamanthawwa @ Ayyamma) and the house of her daughter situated near Kittur Rani Chennamma School. 12.2 In this said house, herself, her deceased daughter Hanamanthawwa @ Ayyamma, C.W.6-Monamma and two sons Dodda Yamanur
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CRL.A No. 100094 of 2020 and Sanna Yamanur are jointly residing in the tin shed house.
12.3 P.W.1 in her evidence has deposed that her son-in-law - Amaresh died about three years ago. He was agricultural labour in the lands of Ayyanagouda Malipatil and has raised a loan to the tune of Rs.60,000/- to Rs.70,000/- for agricultural purpose from one Veerabhadrappa Dandin, however not cleared the same during his lifetime.
12.4 After the demise of her husband - Amaresh, Hanamanthawwa @ Ayyamma used to insist accused to discharge the loan availed by deceased Amaresh; however, the accused denied and told her to discharge the same as it was raised by her husband. Regarding the said issue, there were repeated heated conversations between them.
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CRL.A No. 100094 of 2020 12.5 Further she has deposed that about 1 year 3 months 2 days ago, on the day of Thursday, when herself and her daughter Hanamanthawwa @ Ayyamma were seated in front yard of their house, at about 5.30 p.m. her grand children were studying inside their house and at that relevant point of time, the accused came there by abusing her daughter on the pretext of why he should discharge the loan availed by his brother Amaresh, the husband of daughter of Hanumawwa and the accused uttered words that "why I should pay the debt of your husband, I will take your life". Saying so, the accused assaulted on her neck with an axe on hind side and she sustained bleeding injury. Blood was oozing from the injury and she fell down and blood fell on her saree and also on the floor.
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CRL.A No. 100094 of 2020 12.6 After assaulting the deceased Hanamanthawwa @ Ayyamma, accused disappeared from the scene of occurrence and she saw her daughter who fell down on the ground however she was unable to say in which direction the accused had fled away after assaulting the deceased. The complainant immediately shifted her daughter to Tavaragera Hospital and informed the police at Tavaragera regarding the incident and rushed to the hospital; she gave her statement/complaint before the Tavaragera Police as per Ex.P.1.
12.7 On the advise of the medical Officer , the injured was shifted to Bagalkot Hospital. After two days of treatment as inpatient, upon the advise of doctor as there were no hopes of survival, the complainant with no alternative, got discharged her daughter and took back the injured again and admitted in CHC Hospital at
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CRL.A No. 100094 of 2020 Tavaragera on 04.04.2015 at 2.00 p.m. However, on the same day at 08.00 p.m., she succumbed to the injuries.
12.8 The police visited the CHC Hospital, Tavaragera and enquired her about the death of her daughter. P.W.1 identified the axe seized by the police, which is marked as MO.1 and also identified the clothes worn by her daughter Hanamanthawwa @ Ayyamma, which are marked as MO.2 to MO.4 and she also deposed about the identification of MO.5 and MO.6.
13. C.W.4-Nooramma, w/o Hussainappa said to be the eye witness was examined as P.W.2. 13.1 She has deposed in his evidence that he was residing in a chawadi belonging to Ayyanagouda Malipatil about 1 year 2 months ago at Tavaragera and she was staying about 30 years in tin sheet shed, in all it was comprising 4
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CRL.A No. 100094 of 2020 sheds of tin sheet, wherein in the first shed Hanumanthawwa was residing, in the second shed he is residing, in the third shed CW.2-Anil Kumar, his wife Laxmi and his mother are residing.
13.2 In the first house, C.W.1 - Hanumawwa and her daughter Hanamanthawwa @ Ayyamma along with her three children are residing. Deceased Hanamanthawwa is also called as Ayyamma and about 3 years ago her husband Amaresh had died and she do not know how the husband of Hanamanthawwa @ Ayyamma had died and he was doing agricultural work during lifetime in the lands of one Ayyanagouda Malipatil, but she do not know about the loan availed by the deceased Amaresh.
13.3 Further she has deposed that she has not given any statement to the Police. This witness is
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CRL.A No. 100094 of 2020 cross-examined by the public prosecutor after treating her as hostile witness with the permission of the Court. During the course of cross-examination also he has categorically denied the statement recorded by the IO under Section 161 of Cr.P.C., which is marked as Ex.P-2.
14. CW.6-Monamma is another eye witness, who is examined as P.W.3. She has deposed in her evidence that C.W.1 is her grand-mother; deceased Hanamanthawwa @ Ayyamma is her mother and the accused is the younger brother of her father. Her house, a tin sheet shed is situated near Kittururani Channamma School at Tavaragera, which belongs to Ayyanagouda Malipatil. The tin sheet sheds are comprising of four sheds.C.W.2/P.W.4-Nooramma is neighbour to her and by the side of Nooramma, C.W.2/P.W.7 -Anilkumar is residing with his wife and mother and one house is vacant.
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CRL.A No. 100094 of 2020
15. P.W.3 has deposed that:
15.1 Her father Amaresh died about 3 years ago and he has raised a loan for agricultural purpose, however, after his death, her mother Hanamanthawwa @ Ayyamma was telling the accused that she has three children and she is unable to survive them and as such, she had requested the accused to discharge the loan availed by her husband Amaresh. For that, accused had replied that why he should discharge the loan raised by his brother Amaresh and compelled the mother of P.W.3 to discharge the loan by herself. In this matter, there were frequent quarrels arising between her mother and her uncle/accused. 15.2 Further she has deposed that about 1 year 3 months ago, when herself and her brother were seated inside their house at about 06.00 p.m., her grandmother - C.W-1 and her mother
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CRL.A No. 100094 of 2020
Hanamanthawwa @ Ayyamma were seated in front yard of their house, the accused came there by abusing her mother in filthy language as "ley sule, you are asking me to pay off the debt of your husband, ley randi I will not leave you alive today", by saying so, the accused assaulted her mother with axe on the neck at the hind side and fled from the spot. Her mother collapsed and she sustained bleeding injuries. The blood was splattered on the worn clothes and also on the floor on the spot. 15.3 She has further stated that neighbours shifted her mother to the Government Hospital in a vehicle for treatment and they stayed for 15-30 minutes in the hospital in Tavaragera. The wounds were sutured by the doctor at CHC Hospital, Tavaragera and he directed to shift the injured to Bagalkot for further treatment. Thereafter, they carried her mother to Bagalkot
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CRL.A No. 100094 of 2020 Hospital and stayed there for 2 days, but the doctor advised that her mother will not survive and directed them to shift her to Tavaragera village. Thereafter, they took back her mother and admitted her at Tavaragera Hospital, but she collapsed at 08.00 p.m. in the said hospital. She also identified the axe used by the accused to kill her mother, which is marked at MO.1 and the police have recorded her statement.
16. CW.9-Mahankaleppa, s/o Dyamanna, seizure mahazar witness is examined as P.W.4. He has deposed in his evidence that at about 1 year 3 months ago, one day police summoned him to Tavaragera Police Station, by that time, C.W.10- Dyamanna was present there. The accused was in the police station and he had produced the axe to the police stating that he has assaulted Hanamawwa with this axe. The police have seized the axe in white colour clothe bag, tied and also pasted one
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CRL.A No. 100094 of 2020 chit which consists the signature of this pancha and thereafter, the police have conducted mahazar as per Ex.P-4 and he has identified the axe - MO.1. Further he has deposed that on the next day, the police again summoned him at 10.00 a.m. near the house of Hanumawwa at Tavaragera, even at that relevant point of time also Dyamanna was there. He found bloodstains on the front yard floor of Hanumawwa's house. The police have seized the bloodstained mud and unstained mud in a box and took his signature on chits and pasted the same as MO.7 & MO.8. The police have also drawn mahazar as per Ex.P-5 and snapped the photographs of scene of offence.
17. C.W.12-Yamanappa said to be the attester to the inquest panchanama is examined as P.W.5. He has deposed in his evidence as to the inquest mahazar, which is marked as Ex.P-8 and he has also deposed as to the snapping of photo - Ex.P-9.
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18. C.W.3-Yamanamma said to be the eye witness, is examined as P.W.6. She has not supported the case of prosecution. After treating her as hostile witness, with the permission of Court she was cross- examined by the Public Prosecutor. During the course of cross-examination, she has categorically denied the statements recorded by the IO under Section 161 of Cr.P.C., which are marked at Exs.P- 10 and P-11.
19. C.W.2-Anilkumar, s/o. Srikanth Kalal and C.W.5- Laxmi said to be eye witness is examined as P.W.7 & P.W.8. Both the witnesses have not supported to the case of prosecution. Treating them as hostile witnesses, with the permission of the Court they were cross examined. During the course of cross- examination also they have categorically denied the statements recorded by the police under Section 161 of Cr.P.C., which are marked as Exs.P-12 to P-15.
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20. C.W.7-Dodda Yamanuru said to be the eye witness is examined as P.W.9, who is the son of deceased Hanamanthawwa @ Ayyamma and deceased Amaresh, aged about 15 years. He has deposed in his evidence regarding relationship of C.W.1 and also deceased Hanamanathawwa @ Ayyamma, accused is his uncle, C.W.1 - Hanumawwa is his grandmother. His mother, himself, his grandmother, his sister Monamma and younger brother Sanna Yamanuru were residing together in the house. He knew C.W.2 to C.W.6. as they are residing adjacent to their house. His father died about 3 years ago and her mother deceased Hanamanthawwa @ Ayyamma was telling the accused to discharge the loan availed by his husband Amaresh. For that, the accused had refused to fulfill the demand of his mother and in this regard, at about 1 year 6 months ago, one day evening around 06.00 p.m., when C.W.1 and his mother were sitting in front yard of
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CRL.A No. 100094 of 2020 their house talking to each other; meanwhile when they were studying inside the house, at that time, the accused came there and abused his mother in filthy language as "ley sule you have to pay your husband's debt, why should I pay", by saying so, assaulted his mother with axe on her neck portion and she sustained grievous injuries and blood was oozing from her neck. His mother collapsed on the floor and he came out of the house. The accused after assaulting his mother, fled from the spot along with axe. Thereafter, his mother was shifted to the Government Hospital, Tavaragera by his grandmother and his sister. Thereafter, she was shifted to Kushtagi Government Hospital and from there she was taken to Bagalkot. Thereafter, his mother had died and he identified MO.1-axe used for the commission of offence. Police have recorded his statement.
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21. C.W.20-Dr. Chandrakanth is examined as P.W.10.
He has deposed in his evidence that, when he was working as Medical Officer in CHC Tavaragera. On 02.04.2016 at 06.20 p.m. one Smt.Ayyamma wife of Amaresh, aged about 45 years resident of Tavaragera brought by her relatives for treatment with the history of assault at around 05.40 p.m. On examination, he found that she was semi-conscious with viability. On local examination, he had found deep cut lacerated transverse. Further he has deposed as to the injuries found on Ayyamma. In that regard, he has issued MLC register extract as per Ex.P-16. Thereafter, he came to know that victim/injured was sent to Dhanush Hospital, Bagalkot, for further treatment.
22. On 04.04.2015 at 02.30 p.m. again the injured was brought to CHC Tavaragera. They informed him that they want to go Ballari Hospital, but due to financial problem, they want to take some treatment in CHC
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CRL.A No. 100094 of 2020 Tavaragera. She was admitted in CHC Tavaragera, at that time, she was serious and unconscious. He continued the treatment. He has issued a certificate as per Ex.P-17. On the same day, at about 8.30 p.m., the patient died.
23. Further he has deposed that, PSI Tavaragera Police Station on 05.04.2015 at 11.30 a.m. submitted a requisition to conduct postmortem examination on the deceased. Accordingly, he conducted postmortem examination and he found that external injuries on the body of deceased as shown in the postmortem report, which is marked at Ex.P-18. Further he has deposed that, the injuries mentioned are fatal injuries, if a person hit by an axe with force, such injuries may be caused. The above injuries which are said to be sustained by the victim, can cause death. On 29.07.2015, the police have produced MO.1-axe before him for examination.
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CRL.A No. 100094 of 2020 After examination of the said weapon, he gave his final opinion as per Ex.P-19.
24. C.W.14-Rangappa s/o. Alurappa, clothes seizure mahazar witness is examined as P.W.11. He has deposed in his evidence that at about 1½ year back, the police have summoned him to the police station and produced the clothes of Ayyamma i.e., saree, pettycoat and blouse. By that time, co-pancha - Thimmanna was present there.
25. C.W.19-Dr.Srinivas had worked as Neuro Surgeon in Dhanush Hospital, Bagalkot examined as P.W.12. He has deposed in his evidence that, he was working as Nero surgeon in Dhanush Hospital, Bagalkot. On 02.04.2015 at about 01.50 p.m. Smt.Ayyamma wife of Amaresh, aged 40 years, was produced before him through causality with the history of assault. He examined her and found the injuries mentioned in Ex.P-22. Further, he has deposed that if a person
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CRL.A No. 100094 of 2020 hit by an axe - MO.1 on the back of neck with force, such injury may be caused.
26. C.W.16- Chatrappa, police constable is examined as P.W.13. He has deposed as to the submission of FIR to the Court.
27. C.W.18 - Shariff - P.C.No.424 is examined as P.W.14. He has deposed in his evidence that he has carried articles to FSL, Kalaburagi seized in Tavaragera Police Station in Crime No.25/2015 as per the direction of the Sub-Inspector of Police. Again,he returned to the Police Station to bring the postmortem report as per the direction of FSL Authorities. On 04.05.2015 he has submitted the articles to the FSL for examination.
28. C.W.21-Sharanu B.Goudar, Sub-Inspector of Police and C.W.22-Rudrappa Shivalingappa Ujjanakoppa, Police Inspector are examined as P.W.15 and P.W.16
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CRL.A No. 100094 of 2020 respectively. They have deposed in their evidence regarding their respective investigation.
29. A careful scrutiny of evidence placed by the prosecution it is crystal clear that on the basis of complaint filed by P.W.1 - Hanumawwa on 02.04.2015 at 8.00 p.m. in the Government hospital, Tavaragera, the Sub-Inspector of Police, Tavaragera Police Station, Taluk Kushtagi, have registered the case in Crime No.25/2015 against this accused for the offences punishable under Sections 307, 504, 506 of IPC and submitted the FIR to the Court as per Ex.P-23. Ex.P-22 the indoor patient details issued by the Dhanush Hospital reveals that injured Ayyamma Amaresh admitted to this hospital on 02.04.2015 with a history of assault. The case is also registered as medico legal case. The injured was discharged from Dhanush Hospital against the medical advise as attenders are not willing for further treatment. Then injured was admitted to
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CRL.A No. 100094 of 2020 Community Health Centre, Tavaragera, where she died in the hospital on 04.04.2015, at 8.30 p.m. Following that, a post mortem examination was performed as per Ex.P-38, in which the doctor concluded that Smt.Hanamanthawwa @ Ayyamma, w/o. Amaresh Kageri, died as a result of Septiciamic and hypovolemic shock caused by an axe assault. The eye witness, Smt.Hanumawwa - P.W.1, mother of the deceased and Monamma - P.W.3, the granddaughter of P.W.1 and daughter of deceased Hanumawwa @ Ayyamma, have clearly deposed in their evidence as to the assault made by the accused with MO.1 - axe.
30. The evidence of IO-P.W.15 reveals that:
30.1 On 02.04.2015, at 8.00 p.m., he was on duty has received the MLC report from Government Hospital - Tavaragera, while on duty. He immediately rushed to the Government Hospital, Tavaragera and obtained the condition
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of the injured from the doctor and the doctor has given his opinion that injured was brought by P.W.1 and reduced the same in writing and on the said basis he has registered the case in Crime No.25/2015 and submitted the FIR to the Court.
30.2 Further he has clearly deposed that on the date of incident, at 10.00 a.m., the accused voluntarily appeared before the Police Station and gave his voluntary statement and produced MO.1 - axe, that was used for the commission of offence. Then he has secured the panchas and seized MO.1 as per mahazar - Ex.P-4 and he has inserted the seized property from him and thereafter, he has visited the scene of crime and conducted spot mahazar in the presence of panchas as per Ex.P-5, seized the blood stained mud and unstained mud for samples, took photo on spot as per Exs.P-6 and
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CRL.A No. 100094 of 2020 P-7 and also recorded the statements of witnesses - P.W.2 to P.W.8. He has also deposed as to the seizure of blood stained clothes namely, 1 saree and pettycoat under mahazar - Ex.P-20. After the death of injured person, he has submitted a report to the Court to insert the offence punishable under Section 302 of IPC and he has also conducted inquest panchanama as per Ex.P-8, took a photo as per Ex.P-9 at the time of inquest panchanama and he has seized the clothes on the dead body under mahazar Ex.P-21.
30.3 After the death of the injured he has recorded the supplementary statement of the witnesses and P.W.16, who has conducted the further investigation has deposed in his evidence that he has obtained post mortem report as per Ex.P-18 and also he has sent the seized properties to the FSL and he has collected the
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CRL.A No. 100094 of 2020 case sheet of the injured as per Exs.P-16 and P-17. He has also obtained the opinion of the doctor as to the blood stained axe as per Ex.P- 19 and obtained FSL report as per Ex.P-24. He has also deposed as to the filing of charge sheet against the accused.
31. Taking into account the cogent, corroborative and trustworthy evidence placed by the prosecution, the learned Sessions Judge has properly appreciated the evidence on record in a proper perspective manner and passed the impugned judgment of conviction and order of sentence against the accused. We do not find any illegalities, legal infirmities in the impugned judgment passed by the learned Sessions Judge.
32. Learned counsel appearing on behalf of the appellant has submitted his arguments that accused has committed these offences due to sudden
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CRL.A No. 100094 of 2020 provocation. Hence, alleged offence comes under the Exception 4 of Section 300 of IPC, which is punishable under Section 304A of IPC. There is no pre-mediation, motive and intention to commit the murder of the deceased. That accused is liable for punishment only under Section 304-I of IPC. In this regard, on perusal of evidence of prosecution witnesses it is crystal clear that accused has not raised this point before the trial court. However, during the course of cross examination of the prosecution witnesses, it reveals that C.W.1 had filed a false criminal case against this accused and deceased herself while going inside the house by imbalance fell down from backside on the forage cutting blade and got inflicted self injuries.
33. In post mortem report the injuries caused to the injured/deceased are shown as under:
(1) Contusion @ left cheek
(2) Injuries - soft tissue injury seen
involving back neck muscle.
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(3) Blood stained @@ scapular region
thoracic region
(4) There is a transverse section spinal cord in cervical region. Post cameron. Neck below and foreman magnum cut lacerated wound measuring about 5" X 4" X 4". Bleeding on dorsal surface of neck - lower part. Oedemac, Hometoma, Damage layer brain hemorrhage cervical vertebra (C5- C6).
34. Ex.P-22 also reveals that injured was admitted to the hospital with a history of assault at Tavaragera at 05.00 p.m. on the relevant date by her brother- in-law by axe and same is not disputed by the accused. If really the accused had no motive and intention to commit the murder of deceased, he would not have held MO.1-axe prior to the alleged incident and that there is no consistency in the defence set up by the accused and evidence of witnesses. Absolutely there are no materials to discard the evidence of eye witnesses. Considering
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CRL.A No. 100094 of 2020 the facts and circumstances of this case, arguments advanced on behalf of accused cannot be accepted.
35. On re-appreciation of evidence on record, we are of the opinion that learned trial Judge has properly appreciated the evidence on record in accordance with law and he has assigned justifiable and sound reasons in rendering the conviction judgment that there is no perversity, absurdity or illegality to interfere with the impugned judgment of conviction.
36. In the instant case, the learned Sessions Judge has not assigned any reasons for not awarding compensation to the victim i.e., daughter of the deceased Hanumawwa @ Ayyamma. The evidence placed before this Court reveals that husband of the deceased Amaresh has committed suicide prior to this alleged incident as he was unable to discharge loan. P.W.3-Monamma is the daughter of deceased Hanumawwa @ Ayyamma and deceased Amaresh. P.W.3 has deposed in his evidence that her mother
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CRL.A No. 100094 of 2020 is having 3 children including herself but she has not disclosed their names. Hence, it is just and proper to direct the Member Secretary, District Legal Services Authority, Koppal, to take necessary steps under Section 357A of Code of Criminal Procedure, 1973 and Victims Compensation Scheme to award compensation to the legal representatives of Hanumawwa @ Ayyamma as children of deceased have no source of income to eke-out their livelihood. In this regard, the Hon'ble High Court of Karnataka has issued a Circular No.4/2019 dated 23.09.2019. In view of said Circular, all the Judicial Officers in the State are instructed to follow the Guidelines issued in the judgment dated 29.08.2019 passed in Crl.A.No.770/2013 and has also directed to comply with the object and intent of Section 357 and 357A of Cr.P.C. while awarding compensation to the victims under Victim Compensation Scheme.
Hence, we proceed to pass the following:
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CRL.A No. 100094 of 2020 ORDER (1) Appeal is dismissed.
(2) The judgment of conviction and order of sentence dated 08.11.2019 passed by the District and Sessions Judge, Koppal, in S.C.No.36/2015, is confirmed. (3) Registry is directed to furnish the copy of this judgment to through Jail Authorities free of cost and inform him of his right to appeal to the Hon'ble Supreme Court and transmit the Trial Court Records to the Trial Court along with a copy of this judgment. (4) Registry is directed to send a copy of this judgment to the Member Secretary, District Legal Services Authority, Koppal, to take necessary steps to award compensation to the legal heirs of the deceased Hanumawwa @ Ayyamma after due enquiry in
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CRL.A No. 100094 of 2020
accordance with law within a period of three months from the date of receipt of copy of this judgment with an intimation to this Court.
(5) Transmit the records to the trial court along with copy of this judgment.
Sd/-
JUDGE Sd/-
JUDGE DR List No.: 1 Sl No.: 3