CRL.A.No.200010/2014

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 26^TH DAY OF JULY, 2021

PRESENT

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

AND

THE HON’BLE MRS. JUSTICE J.M.KHAZI

CRIMINAL APPEAL No.200010/2014

BETWEEN:

1.

Ashok @ Feenix S/o Sharanappa,

Age: 29 years, Occ: Cooli,

2.

Tatwesh S/o Sharanappa,

Age: 27 years, Occ: Cooli,

3.

Mahesh S/o Sharanappa,

Age: 25 years, Occ: Cooli,

4.

Gurubai W/o Sharanappa,

Age: 57 years, Occ: Agriculture,

All R/o Malli Village, Tq: Jewargi.

... Appellants

(By Sri Ishwaraj S.Chowdapur, Advocate)

AND:

State of Karnataka

By Yadrami Police Station,

Yadrami.

... Respondent

(By Sri Prakash Yeli, Addl. SPP)

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This Criminal Appeal is filed under Section 374(2) of

Code of Criminal Procedure, praying to set aside the

impugned judgment of conviction and order of sentence

and fine dated 16.12.2013 passed in SC 84/2012, by the

IV Addl. Sessions Judge Gulbarga by allowing this appeal

and consequently acquit the appellants/accused persons

for the offence punishable U/Sec.498(A), 302 and 201 R/w

34 of the Indian Penal code.

This appeal coming on for final hearing this day,

K.S.Mudagal J., delivered the following:

JUDGMENT

Aggrieved by the order of conviction and sentence

passed against them for the offences punishable under

Sections 498A, 302, 201 read with Section 34 of Indian

Penal Code, accused Nos.1 to 4 have preferred the above

appeal.

2.

The appellants were accused Nos.1 to 4 in S.C.

No.84/2012. They were prosecuted in the said case for the

offences punishable under Sections 498A, 302 and 201

read with Section 34 of IPC on the basis of the charge

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sheet filed by Yedrami Police in Crime No.81/2011 of their

police station.

3.

For the purpose of convenience, the appellants

will be referred according to their rank before the trial

court.

4.

Accused Nos.2 and 3 are the brothers and

accused No.4 is the mother of accused No.1. The marriage

of accused No.1 was solemnized with victim-Savitri on

17.06.2005. During the intervening night on 29/30-10-

2011 Savitri's dead body was found hanging to a tree in

the land of one Ramrao Deshpande in Malli village.

5.

PW2 the father of Savitri filed complaint as per

Ex.P2 before Yedrami Police alleging that after the

marriage, the accused subjected Savitri to physical and

mental cruelty in connection with their demands for dowry.

He further alleged that on 29.10.2011 at 11.00 PM,

accused No.1 phoned him saying that Savitri has left her

jewellery in the parental house and not getting them back.

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He further alleged that the accused No.1 warned that if

she does not get them back as demanded, she will meet

her fate and the complainant has to wail for that.

6. PW2 further alleged that on 30.10.2011 at 6.30

a.m. PW11-Shekhargouda informed him over phone that

Savitri's body was found in the Despande's land, then

himself, his wife and son i.e. PW13 and PW14 rushed to

the scene of offence and came to know that on the

previous date at 9.45 PM, the accused No.1 had chased

Savitri up to the house of PW8 to PW10 and Savitri

revealed that accused No.1 has beaten her. He learnt that

when PW8 to PW10 intervened, accused No.1 admonished

them and took her back to his home and then she was

found dead. Therefore, PW2 complained that accused

have committed her murder and to screen the evidence of

offence have hanged her at the scene of offence.

7.

On investigation, the police filed the charge

sheet against the accused as aforesaid. On committal of

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accused, the learned Session Judge framed the following

charges against the accused.

That you accused Nos.1 to 4, being

husband, brother-in-laws and mother-in-

law of deceased Smt. Savitri, since 4-5

years earlier to 29.10.2011 in furtherance

of

your

common

intention

subjected

decea