1. Appeal is directed against the Judgment dated 13/15.04.2010 in S.C. No. 171/2008 wherein the accused Nos. 1 and 2 were convicted for the offence punishable under Section 306 read with Section 34 of IPC and sentenced to undergo simple imprisonment for five years and to pay fine of Rs. 1,000/- in default to pay fine, to undergo simple imprisonment for three months and simple imprisonment for three months for the offence punishable under Section 323 read with Section 34 of IPC.

2. Complaint came to be registered by the jurisdictional rural police station, Shimogga on 15.09.2007 at 10.30 P.M. for the offence punishable under Sections 323, 306 read with Section 34 of IPC against the accused Nos. 1 and 2.

3. In order to avoid confusion and overlapping, the parties hereinafter are referred to in accordance with their rankings as stood before the Trial Court.

4. The proceedings under criminal law came to be initiated on the strength of complaint lodged by CW-1 Kullamma, aged 50 years wife of Ganeshappa, Hasudi village.

5. The substance of the complaint is that the complainant had six children consisting of five daughters and one son. Out of them Sarojamma and Roopamma are married, Anitha, Ammu, Uma and son Murthy are yet to be married. Earlier to one year Kullamma’s husband Ganeshappa expired, her son Murthy suffers from epilepsy. The complainant and her two daughters were working as coolie in building construction. Her daughter Anitha was going to coolie work along with Gangadhara S/o Beluregowda for the past one month.

6. Thereafter Anitha was working as cook in Javahalli Hostel. She was joined to cooking job by Prakash. But, her daughter was not coming to house, Complainant and her daughter Sarojamma went to Lakshmamma’s house at Beeranahalli to bring Anitha, who was staying there along with accused No. 1 - Gangadhar as tenants in a house belonging to Lakshmamma at Beernahalli. The complainant asked Anitha as to why she was staying there and she was supposed to be in their house, for which Anitha told that six months back she married Gangadharappa. Being upset complainant even slapped Anitha - accused No. 2. Accused No. 1 hit complainant.

7. Later Uma, another daughter of complainant-Kullamma, expressed her desire and went to bring her sister. On meeting her sister Anitha (A2) and Accused No. 1, further threatened and told Uma that people like her should die and also abused her. Because of the act of accused Uma D/o Ganeshappa and complainant, committed suicide at 4.30 P.M. by hanging her neck with a veil killed herself. The case is charge sheeted in C.C. No. 63/2008 and tried in S.C. No. 171/2008.

8. Learned Trial Judge considered the materials and evidence on record in the form of oral evidence of PW-1 to PW-13, documentary evidence Exhibits P1 to P10, material object No. 1 and found accused Nos. 1 and 2 guilty of the offence punishable under Section 306 read with Section 34 of IPC and Section 323 read with Section 34 of IPC and sentenced both accused Nos. 1 and 2 to undergo simple imprisonment for five years and to pay fine of Rs. 1,000/- each IDSI three months and simple imprisonment for three months for the offence punishable under section 323 read with Section 34 of IPC.

9. Learned Trial Judge perused the oral evidence of complainant PW-1, her daughter Sarojamma PW-2, PW-3 Owner of the house, PW-4 Chaluvaraj, PW-5 Rameshaneighbour, PW-6 Dr. S. Rudramurthy, PW-7 Ravi, PW-8 Jagadisha, PW-9 Ravindra, PW-10 Srinivasa, PW-11 Madappa, PW-12 Shivaprakash, PW-13 Lakshminarasimha and the documentary evidence Exhibits P1 to P10.

10. The, learned Trial Judge found common intention between accused Nos. 1 and 2 to drive Uma to commit suicide and he places reliance on the testimony of the complainant. Learned Trial Judge finds that both the accused instigated the commission of suicide of Uma and also that accused Nos. 1 and 2 manhandled the mother of Uma. Learned Trial Judge also found that Uma questioned the marriage between Anitha an