ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

The appellants were the accused in S.C.No.95/2016 on the file of II Additional District and Sessions Judge, Kodagu Madikeri (sitting at Virajpet). They faced trial for the offence under Section 302 read with Section 34 of IPC in relation to an incident dated 27.12.2015 which is as below.

2. PW1-Jenukurubara Madevi and Kariyanna- the deceased were spouses. On 27.12.2015, both of them returned home at 06.30pm after finishing their work. They did not see their second daughter-Pooja in the house and when they enquired their son PW2-Madesh, they came to know that Muthanna-the son of accused No.2 took her with him. Kariyanna left home saying that he would bring back Pooja and while going he took PW2 with him to the house of accused No.2. By 07.30pm, PW1 heard screaming of her husband from the house of accused No.2. Immediately she went there and saw all the three accused quarrelling with her husband. During quarrel accused No.1 took an iron pipe and hit hard on the middle of Kariyanna’s head with that pipe. Accused No.2 assaulted on the left wrist of Kariyanna with a firewood piece and then accused No.3 fisted on Kariyanna’s c