HC upholds lifer to farmer who killed wife with 19 chopper blows

Bengaluru: The High Court of Karnataka has confirmed the life sentence imposed upon a farmer from Dharwad district for killing his wife with a chopper. 

A division bench of Justices H P Sandesh and B Muralidhar Pai declined to consider the case under exceptions in IPC section 300 (culpable homicide). 

Vishwanath Mallappa Chigari had challenged his conviction and life sentence for offences under IPC sections 302 and 307. 

He had married Lakshmi and had three children. But seven years after marriage, Lakshmi moved to her mother’s house in Kalakeri because Vishwanath allegedly ill-treated her. 

On May 15, 2019, Vishwanath visited Kalakeri and sought permission to take his wife and children to his village Shalavadi in Navalgund to attend the Gurushanteshwar festival. Lakshmi’s mother, Devakka, also accompanied them to Shalavadi. 

At night, while everyone was sleeping, Lakshmi came running out of the house as Vishwanath followed her with a chopper in his hand. 

He accused her of having an illicit relationship and assaulted her with the chopper. He also attacked Devakka when she attempted to rescue her daughter. Devakka suffered injuries to her neck and hand while Lakshmi succumbed to grievous injuries. 

On Oct 27, 2022, the trial court convicted Vishwanath and sentenced him to life imprisonment. Challenging this verdict, Vishwanath argued that the trial court convicted him based on the testimony of interested witnesses. He further submitted that it was an act under grave provocation and that he did not intend to kill his wife. 

After perusing the material, the division bench noted that a total of 19 injuries were inflicted upon the victim—all chop wound injuries—and that it was not a single blow without the intention to take her life. 

“If it is a case of sudden provocation, he would have inflicted a single injury and if it is a case of single blow, then arguments of the counsel for the appellant would have been accepted. But here is a case of a series of injuries inflicted with the deadly weapon ie, 19 injuries, and almost all are the chop wound injuries and that the other injuries are sustained when the victim herself tried to escape from the blow of the accused and these injuries also on the vital part - neck and head,” the bench stated. 

The court further said: “The circumstances under which the incident took place and also to take note of the fact that both the victim and also the accused were not on cordial terms and the victim having not tolerated the harassment went and stayed back in the house of complainant (Devakka) and on the particular day, that too when complainant did not agree to send her along with the accused, but only heeding to the advice of the well-wishers, she sent her along with children,” the bench said adding that it is not a case to bring the case within purview of exceptions under IPC Section 300.