Karnataka High Court Upholds Husband's Conviction for Wife's Murder and Cruelty

Court Directs Compensation for Deceased's Children and Stresses on Compliance with Victim Compensation Provisions

In a landmark judgment, the Karnataka High Court has upheld the conviction of Bhimappa for the murder and cruelty towards his wife, Smt. Uma, affirming the life sentence imposed by the trial court. The Division Bench, comprising Justices R. Devdas and B. Muralidhara Pai, emphasized the necessity of victim compensation, directing the District Legal Services Authority to award compensation to the children of the deceased under the NALSA Compensation Scheme.

The case stems from an incident on January 6, 2019, when Bhimappa, suspecting his wife's fidelity, murdered her with an axe. The trial court found him guilty under Sections 498A and 302 of the Indian Penal Code, sentencing him to rigorous imprisonment and fines. The High Court, in dismissing Bhimappa's appeal, reinforced the trial court's findings based on the credible testimonies of eyewitnesses, including the couple's daughter and a neighbor, despite minor contradictions.

The judgment highlighted significant lapses by the investigating agency, particularly the failure to obtain the blood grouping report of the deceased, and directed the police and prosecution departments to ensure procedural compliance in future investigations. Additionally, the court criticized the trial court for not considering victim compensation provisions under Sections 357 and 357A of the Criminal Procedure Code, urging judicial officers to apply their minds to compensation in all criminal cases.

The High Court's decision underscores the importance of victim compensation, especially for the children left orphaned by the crime. The judgment mandates the Director General and Inspector General of Police of Karnataka, along with the Director of Department of Prosecutions, to issue necessary instructions to prevent investigative lapses. Furthermore, the court's directive for judicial officers to comply with compensation provisions aligns with the Bharatiya Nagarik Suraksha Sanhita, 2023, ensuring justice extends beyond conviction to rehabilitation and support for victims' families.

Bottom Line:

Husband convicted for cruelty and murder of his wife; Court emphasizes compliance with victim compensation provisions under Sections 357 and 357A of Cr.P.C. or corresponding provisions under Bharatiya Nagarik Suraksha Sanhita, 2023.

Statutory provision(s): Indian Penal Code, 1860 - Sections 498A and 302, Criminal Procedure Code, 1973 - Sections 357 and 357A, Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 395 and 396

Bhimappa v. State of Karnataka, (Karnataka)(Dharwad)(DB) : Law Finder Doc Id # 2821398