Though the matter came up for 'Memo for posting'

filed by learned counsel for the appellant, with the consent of

both the parties, the same is taken up for final disposal.

2.

Accused No.1 being the dutiful wife of the

deceased filed the present appeal against the impugned

judgment of conviction and order of sentence dated

28.02.2014 passed in S.C.No.97/2012 on the file of I

Addl.Sessions Judge, Mysuru convicting accused Nos.1 and 2

for the offences punishable under Sections 302, 201 r/w

Section 34 of I.P.C. to undergo life imprisonment with fine

for the offence punishable under Section 302 r/w Section 34

of IPC and three years with fine for the offence punishable

3

under Section 201 r/w Section 34 of I.P.C. with default

clause.

Facts of the case:

3.

It is the case of the prosecution that the

complainant, who is the elder son of the deceased and

accused No.1 that on 26.10.2011 at about 10.00 a.m., he

received message from PW-3 - Prabhakara about death of

his father. He immediately rushed to his village N.Belathuru

and noticed the dead body of his father lying in the corner of

the house. He further noticed blood oozed from his nose and

ears. He suspected that somebody had killed his father by

squeezing his testicles and neck and also by assaulting him

with deadly weapon. It is further stated that accused No.2,

who is a relative of PW-1 had developed illicit relationship

with accused No.1 and on the previous night of the incident

accused No.2 had come to N.Belathuru Village and stayed in

the house of deceased. He suspected both accused Nos.1

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and 2 might have killed his father. Accordingly, he lodged a

complaint - Ex.P1.

4.

Based on the complaint - PW-17 registered case

against accused Nos.1 and 2 in Cr.No.167/2011 for the

offences punishable under Section 302, 201 r/w with Section

34 I.P.C. Investigation Officer - PW-18 after conducting

investigation filed charge sheet against the accused.

5.

The learned Magistrate secured the presence of

accused Nos.1 and 2 and by exercising Section 207 of Cr.P.C

committed the case to the Prl.District & Sessions Judge,

Mysuru, as the offence under Section 302 I.P.C is exclusively

triable by the Sessions Court.

6.

Learned Sessions Judge secured the presence of

accused Nos.1 and 2 and framed the charge against the

accused for the offences punishable under Sections 302, 201

r/w Section 34 I.P.C, which reads as under:

5

"Firstly, on 25.10.2011 at about 11.30

p.m. or 12.00 midnight, you both the

Accused in furtherance of your common

intention to commit the murder of one

Thammaiah and to disappear the evidence,

you the Accused No.2 by felling him down

and strangulating him by closing his mouth

and nose and pressing the neck forcibly,

and you the Accused No.1 by kicking on

his private part and squeezing his testicles

by knowing fully well that your act would

cause his death, committed his murder

and thereby, you both have committed an

offence punishable under Section 302 read

with Section 34 of Indian Penal Code, 1860

and within the cognizance of this Court.

Secondly, on the aforesaid date, time

and place, you both the Accused in

furtherance of your said common intention

to commit the murder of Thammaiah and

to screen your offence after committing his

murder, you Accused No.1 tied one Saree

to the beam of the house in order to show

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that Thammiah had committed suicide at

his own and as directed by you the

Accused No.2, you the Accused No.1 also

told the people of your village that

Thammaiah had committed suicide by

hanging himself to the beam with the help

of a Saree and that you had untied the

Saree and made him to lie on the ground

and

thereby,

you

tried

to

cause

disappearance of the evidence by giving

false information in order to screen your

offence and thereby, you both have

committed an offence punishable under

Section 201 read with Section 34 of the

Indian Penal Code, 1860 and within the

cognizance of this Court."

7.

Learned Sessions Judge read over the charge to

the accused perso