A district court in Gadag district of Karnataka sentenced four men to death for murdering an inter-caste couple. The court found them guilty of murder even when the main witness to the “brutal and inhuman” murders, the brother of the murdered Dalit man, suddenly turned hostile towards the end of the trial.
Gangamma Rathod from the Lambani community, and her husband Ramesh Madar, of the Scheduled Madiga caste, were murdered by Gangamma’s relatives in 2019 at their native village Lakkalakatti in Gadag district.
On January 27, the Principal District and Sessions Judge Basavaraj convicted four male relatives of Gangamma for the murders. The judge accepted the prosecution’s case that Parashuram Rathod instigated Shivappa Rathod, Ravi Rathod and Ramesh Rathod to attack and kill Ramesh and Gangamma. All four have been sentenced to death. A death penalty has to be confirmed by the Karnataka High Court under Section 366 of the Criminal Procedure Code.
Noting that Ravi and Ramesh are Gangamma’s brothers and the other two are her close relatives, the Judge Basavaraj said, “The crime is committed in cruel and inhuman manner which was deliberately planned by the family members of the deceased Gangamma in the name of honour or dignity of the family which is popularly known as ‘ (honour killing)… Besides the crime committed by the accused persons is brutal, diabolic act revolting against the norms of humanity, human relationship and social setup (sic)…”
Gangamma and Ramesh got married on April 2, 2017, despite opposition from Gangamma’s family, and left the village. They lived in Bengaluru and then in Shivamogga for some years and have two sons.
In November 2019, a week after they arrived in Lakkalakatti, they were murdered by Gangamma’s relatives. While Ramesh died on the spot, Gangamma succumbed to her injuries en route to hospital. Ramesh and Gangamma both sustained injuries in the head, back, stomach, back and other parts of the body.
The prosecution relied on the testimony of Ramesh’s brother Basavaraj Shivappa Madar, who witnessed the attack. During this main examination he told the court what he had told the police in his original complaint. He stuck to this even when he was cross-examined two years later. However, when the defence cross-examined him again a year after that with the permission of the court, he turned hostile.
During his main examination on April 17, 2021, Basavaraj told the court how Shivappa Rathod, Ravi Rathod and Ramesh Rathod arrived at their house at around 3 pm on November 6. Thinking that they had come to quarrel, his brother Ramesh Madar shut the door. However, Shivappa Rathod broke open the door and dragged Ramesh out. The three men struck Ramesh with a “ripper” and stabbed him many times. They similarly attacked Gangamma as well. He also told the court that when he tried to appeal to the attackers they threatened to “finish him” too.
When Basavaraj was cross-examined on July 12, 2023, defence lawyers said Basavaraj was not present at the spot on the day. They said he was at Bhimambika Shamiyana Suppliers in Gajendragad, and that he was told about the attack over the phone.
They also insinuated that Ramesh and Gangamma had fought because of the former’s “illicit relationship” with many women, and sustained injuries. The defence suggested that “by misusing the same he (Basavaraj) he has filed false complaint against the accused person as the case will come upon them (sic)”.
However, Basavaraj rejected the arguments and stuck to his statement.
But a year later, in November 2024, the defence moved an application to cross-examine Basavaraj again. On November 30, 2024, when Basavaraj was cross-examined, he admitted to the defence lawyers’ contention that he had not been present at the house on the day of the attack. He said he was at Bhimambika Shamiyana Suppliers and that he had been informed of the attack over the phone at around 3 pm. He also agreed to the defence contention that when he arrived at the house around 3.30 pm, the neighbours told him that some people were assaulting Ramesh, and Gangamma too was assaulted when she came to his rescue.
Judge Basavaraj, however, relied on two Supreme Court rulings, which dealt with contradictory testimonies. In Krishna vs state of Karnataka, the Supreme Court dealt with witnesses who support the case of the prosecution during the chief examination but turn hostile during cross-examination at a later date and contradict their previous statements.
The court observed that there was coherence in Basvaraj’s statements until the second cross-examination in November 2024. It also found the testimonies of two defence witnesses, who claimed that Basavaraj was at the shamiyana suppliers, inconsistent.
“The evidence of (Basavaraj) inspires the court and there is no reason to disbelieve his evidence and no corroboration is required,” the court said.
The judge also noted Basvaraj’s statement during his chief examination regarding the manner in which Parashuram Rathod instigated the three others to kill Ramesh and Gangamma. Basavaraj told the court that when he tried to rescue Ramesh, the three attackers threatened to kill him too. Frightened, he tried to get help. On the way, Basavaraj met Parashuram who told him that it was he who had sent the other three to attack Ramesh and Gangamma.
The Judge also noted Basavaraj’s statement that after Gangamma and Ramesh’s wedding, his family was not on good terms with the attackers who often said that they would kill them if they were in the village.
Ramesh’s father Shivappa Siddappa Madar too, told the court that the attackers were not happy with the marriage and that they would kill them if they were found at the village.
Calling the evidence presented by the prosecution “clear, cogent, convincing, believable and trust worthy” Judge Basavaraj convicted Parashuram of abetment and Ramesh, Ravi and Shivappa of murdering Ramesh and Gangamma.
The court also ordered the District Legal Services Authority to award compensation under the Victim Compensation Scheme under Section 357 (A) of the Criminal Procedure Code to Basavaraj, and to Ramesh’s parents Shivappa Siddappa Madar and Neelavva Shivappa Madar.
