Case Note & Summary
The appeals arose from the conviction of accused No.1, Smt. Uma, and accused No.2, Sri. Shivabasavegowda, by the trial court for offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860. The prosecution case was that the deceased, Smt. Doddadevamma, had lent Rs.25,000 to accused No.1 as a hand loan. The deceased frequently demanded repayment, and on 28.01.2013, accused No.1 asked the deceased to accompany her to her house promising to repay the amount. The deceased was last seen with accused No.1 at around 6.45 p.m. When she did not return, her family search for her. The next day, on 29.01.2013, the complainant received information that the deceased had been murdered. Her body was found beneath mulberry leaves in the silkworm cocoon house of accused No.1. A rope was used to strangle her, and blood stains were present. Police registered the case, conducted investigation, and filed a charge sheet. The trial court framed charges; the accused pleaded not guilty. The prosecution examined 19 witnesses, including the complainant (son of the deceased), the husband, another son, and daughters-in-law. Their testimonies indicated that the deceased had given the loan, was taken by accused No.1, and later found dead. Witnesses also mentioned that accused No.1 refused to open the door at night citing 'Rahu'. Material objects such as blood-stained cement piece, rope, and cloths were seized. The accused were examined under Section 313 Cr.P.C. but led no defence. The trial court found the circumstances sufficient to convict both accused, sentencing them to life imprisonment and fine for murder, and seven years for causing disappearance of evidence. The High Court heard arguments from counsel for both appellants and the State. The excerpt provided does not include the final order or the court's analysis, hence the outcome of the appeals remains unstated.
Issue of Consideration
Whether the conviction of the accused for murder and causing disappearance of evidence under the Indian Penal Code is sustainable based on the circumstantial evidence presented.
Case Details
2024 LawText (KAR) (09) 24
Criminal Appeal No. 773 of 2018 C/W Criminal Appeal No. 195 of 2018
Hon'ble Mr Justice K. Somashekar and Hon'ble Mr Justice S. Rachaiah
For Appellant No.1: Sri. Veeranna G Tigadi; For Appellant No.2: Sri. C V Nagesh, Senior Advocate for Sri. Raghavendra K; For Respondent: Sri. Vijayakumar Majage, SPP-II
Smt. Uma and Sri. Shivabasavegowda
State of Karnataka by Sathanur Police Station, Ramanagara District
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Nature of Litigation
Criminal appeal against conviction and sentence for murder and causing disappearance of evidence.
Remedy Sought
Appellants seek setting aside of the judgment of conviction and order on sentence passed by the trial court.
Filing Reason
The trial court convicted the accused based on circumstantial evidence, mainly the deceased being last seen with accused No.1 and recovery of the body from accused's premises.
Previous Decisions
Trial court in S.C.No.5017/2013 convicted both accused under Sections 302, 201 read with 34 IPC and sentenced them to life imprisonment and fine.
Judgment Excerpts
she had lent the hand loan of Rs.25,000/- to the accused No.1 – Smt. Uma and the deceased was demanding the accused No.1 to repay the aforesaid loan amount. (Para 3)
on 29.01.2013, around 1.30 p.m., the complainant received an information that the deceased had been murdered at the Silkworm Cocoons house of accused No.1, and thereafter only, the complainant lodged the complaint before the police (Para 3)
when they had been to the house of the accused No.1 in the night, she did not open the door saying that at that time, there was ‘Rahu’ in her house. (Para 12)
the police found the dead body of the deceased Doddadevamma beneath mulberry leaves bundle. (Para 13)
Procedural History
The complaint was lodged, leading to registration of FIR under Section 154 Cr.P.C. Investigation was conducted and a charge sheet was filed before the committal court. The case was committed to the Sessions Court under Section 209 Cr.P.C. The trial court framed charges, and the accused pleaded not guilty. The prosecution examined 19 witnesses and marked documents Exs.P1 to P24 and material objects M.Os.1 to 8. The accused were examined under Section 313 Cr.P.C. and led no defence. The trial court convicted the accused under Sections 302 and 201 read with Section 34 IPC and sentenced them. The accused filed criminal appeals under Section 374(2) Cr.P.C. before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 201, 34
- Code of Criminal Procedure, 1973: 374(2), 154, 209, 313, 233
