Criminal Appeal No.2030/2016 is filed by appellant/Accused

No.1 - husband and Criminal Appeal No.1577/2016 is filed by

Accused No.2 - wife.

2. These two appeals are filed by the appellants/accused

Nos.1 and 2 against the judgment of conviction and order of

sentence dated 22.8.2016 made in S.C. No.79/2012 on the file of

the IV Addl. District & Sessions Judge, Madhugiri convicting

Accused No.1 for the offences punishable under the provisions of

Sections 302 and 201 of IPC and Accused No.2 for the offence

punishable under Section 201 of IPC. By the impugned judgment,

the

trial

Court

sentenced

Accused

No.1

to

undergo

life

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imprisonment for the offence punishable under section 302 of IPC

and to undergo two years imprisonment for the offence punishable

under Section 201 of IPC and Accused No.2 to undergo Simple

Imprisonment for one year for the offence punishable under Section

201 of IPC, with fine and default sentences

I. BRIEF FACTS OF THE CASE

3. It is the case of the prosecution that Narasimhamurthy

(Accused No.1) was under the impression that the deceased Raja

had illegitimate relationship with his wife - Nagamani (Accused

No.2) and his reputation will go to dogs if Raja is living. Thus with

an intention to kill Raja, on 20.10.2011, accused No.1 assaulted

Raja, who was in intoxicated state, on the head with a club in the

Seemejali bush grown next to the road straight to the land of

Narayanagowda on the road going to Erakyatamma's temple of

Kallumari village and then strangulated his neck with motor cycle

accelerator cable and killed him. To destroy the evidence of

murder, with the help of accused No.2, both the accused took the

dead body of Raja from the spot of murder in the cycle - MO.7 to

Tondoti tank area and threw it there.

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4. Based on the complaint lodged by PW.1 - Ramakrishnaiah

as per Ex.P1, the jurisdictional Police registered the Crime on

21.10.2011 at 11.45 a.m. in Crime No.80/2011 for the offences

punishable under Sections 302 band 201 of IPC. The Investigating

Officer after investigation filed the charge sheet. After committal

of the matter, the learned Sessions Judge framed the charge

against Accused No.1 for the offences punishable under Sections

302 and 201 of IPC and against Accused No.2 for the offence

punishable under Section 201 of IPC. Thereafter, the learned

Sessions Judge secured the presence of Accused Nos.1 and 2 and

read over the charge to both the accused in the language known to

them, who pleaded not guilty and claimed to be tried.

5. In order prove the guilt of the accused, the prosecution has

examined as many as 23 witnesses as PWs.1 to 23 and got marked

29 material documents as per Ex.P1 to Ex.P29 and 15 material

objects - MOs.1 to 15.

6. After completion of evidence of the prosecution witnesses,

the statements of the accused persons were recorded as

contemplated under the provisions of Section - 313 of the Code of

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Criminal Procedure. Both the accused persons have denied all the

incriminating evidence adduced against them, but not adduced any

oral and documentary evidence.

II. FINDINGS OF THE LEARNED SESSIONS JUDGE

7. Based on the material on record, the learned Sessions

Judge framed four points for consideration. Considering both the

oral and documentary evidence on record, the learned Sessions

Judge has answered all the points in the affirmative holding that the

prosecution has proved that the death of the deceased is homicidal

and that the deceased died of assault injuries inflicted by Accused

No.1 and that Accused No.1 assaulted the deceased with an

intention to kill him. The prosecution further proved that the

accused persons in order to destroy the evidence of murder, took

the dead body from spot of murder and threw it in Tondoti tank

area. Accordingly, the learned Sessions Judge by the impugned

judgment of conviction and order of sentence, has convicted and

sentenced Accused No.1 for the offences punishable under Sections

302 and 201 of IPC and Accused N