SURYANARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Ms. Saroja, deceased had developed intimacy and extra-marital relations with the appellant, as a result of which she gave birth to a male child. After the birth of the child differences arose between the appellant and the deceased. The appellant started suspecting the deceased of having illegal connections with other persons. She was subjected to cruelty and harassment. Unable to bear the cruelty of the appellant, the deceased left the residence of the appellant 8 days prior to her death and started living in the house of his brother Ravi (PW1). On 22nd September, 1993 the deceased accompanied by Bhavya (PW2), the female child of Ravi (PW1), who was about four years of age, went to the village tank in the afternoon for washing the clothes. While she was washing clothes, the appellant came and stabbed Saroja with knife inflicting injuries on her neck, chest and other parts of the body causing severe bleeding resulting in her death. Immediately the child Bhavya (PW2) rushed to the house and informed her parents about the occurrence specifically mentioning that the appellant had stabbed the deceased.

(2.) On the complaint of Ravi (PW1) FIR was registered against the appellant and investigation commenced. The Tehsildar P.H. Krishnappa (PW 14) prepared the inquest mahazar on the dead body of the deceased and in that process recorded the statement of Bhavya (PW 2). She is stated to have made the deposition in Malyalam which was translated to the Investigation Officer in Kannada. During the course of the investigation the appellant made voluntary statement Exhibit P13. In consequence of the disclosure statement made by the appellant, the knife (MO1), shirt (MO5), Lungi (MO6) and Towel (MO7) were recovered at the instance of the accused from his house. After completion of the investigation a charge-sheet was submitted before the Judicial Magistrate who committed the accused to the Sessions Court for standing trial for offences under Section 302 of the IPC. The prosecution examined 16 witnesses. Upon the conclusion of the trial the Sessions Judge found the appellant guilty of the commission of offence under Section 302, IPC and sentenced him to undergo imprisonment for life besides paying a fine of Rs. 1000/-. In default of the payment of the fine the appellant was directed to undergo further imprisonment of 30 days. The appeal filed by the appellant was dismissed by the High Court vide the judgment impugned in this appeal by special leave.

(3.) Before appreciating the rival contentions addressed at the Bar, it has to be noticed that the whole of the prosecution case is mainly based upon the statement of child witness Bhavya (PW2). The witness was related both to the accused and the deceased. Shardamma (PW 3) is the sister of PW 1 and wife of the appellant. Deceased Saroja and Smt. Nalini are the other sisters of Ravi (PW 1). Bhavya (PW 2) is the daughter of P'W1. The deceased was not married and was earlier residing with her parents who died about 4 or 5 years before the date of occurrence. After the death of her parents the deceased started residing in the house of her sister Nalini. For some time she also resided with her brother Ravi (PW 1). While deceased was residing in the house of her sister Nalini, the accused took her to his house where they developed intimacy as a result of which a male child was born to the deceased.