DHANANJAYA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This case speaks of the story of a despicable betrayal of connubial trust by a wife against her husband. Sexual lust and extramarital relations between the unfaithful wife and her paramour, put an end to the blooming life of an unfortunate and innocent young husband, who at the relevant time was serving the nation being in the employment of the Armed Forces. In this process of committing the crime, the wife became a marionette of her paramour. She and three killers, in order to liquidate her husband, displayed a drama in her bedroom on the fateful night. After her husband was heinously murdered she played the role of a victim of armed robbery and murder in her house and allowed herself to be gagged and tethered down. What the outsiders saw on the next morning was her being in the above condition and next to her was lying the beheaded body of her husband.

(2.) The prosecution case, as unfolded during the trial, is that the deceased Amar Nath who was in the Army services was married to Ms. Vanaja (hereinafter referred to as "A1") on 11-3-1992 at Naganakotai in Chittoor District of Andhra Pradesh. To the misfortune of the deceased, A1 prior to her marriage with the deceased was having illicit marital relations with Dhanajaya Reddy (hereinafter referred to as "A2"). Both were serving together as teachers at Gnanodaya English School at Madanappalli. Nagaraj (hereinafter referred to as "A3") and Subramani (hereinafter referred to as "A4") were the associates of A2 in the commission of crime of murder of Amar Nath. After her marriage A1 stayed with the deceased for about four days. She declined to go with him to Delhi where the deceased was serving. In the absence of the deceased A1 and A2 not only continued to be serving as teachers in the school but also freely indulged in quenching the sexual lust of each other. A1 had written letters to the deceased on his Delhi address acknowledging therein the factum of her having illicit relations with A2 and abusing the deceased in a filthy language. To resolve the controversy of marital relations between the deceased and A1, a Panchayat was held in the parents house of the wife in which besides others, Rajanna (PW 3), the father of the deceased, Krishna Reddy (PW 7), another relative of the deceased and Vama Reddy, (PW 33), paternal uncle of A1 were present. It was resolved in the Panchayat that A1 should abandon her job and join the deceased. Therefore, on his transfer, the deceased came down from Delhi to Bangalore in the month of March, 1993 to work as Technician in the Madras Engineering Group Centre, a Military establishment at Marutisevanagar, Bangalore. His place of work was at distance of about 2 kilometers from the house which he took on rent in Bangalore bearing No. 655, at Subbaiahana-palya Extention, Banaswadi. PWs 3 and 7 brought A1 to Bangalore whereafter she started living with the deceased. It is alleged that before coming to Bangalore A1 wrote three incriminating inland letters dated 5-4-1993, 9-4-1993 and 19-4-1993 marked as M.Os. 21, 22 and 23 to her husband. In those letters she not only used filthy language but even went to the extent of disowning the deceased as her husband calling him as impotent. In one of the letters she even threatened the deceased stating that she would be joining his company only to take revenge.

(3.) Though the accused No. 1 apparently started living with the deceased at Banswadi at Bangalore , yet she was in constant contact with A2 at Madanapally, A1 and A2 are stated to have planned together to murder the deceased and for that purpose, as already noticed, A2 procured the assistance and services of A3 and A4. In furtherance of his plan, A2 had sent A3 in advance to Bangalore on 28-8-1993 and thereafter A2 and A4 engaged a car bearing Registration No. AP:03 B/2349, which was driven by Narayan (PW 20) along with his cleaner Shabir Basha (PW 38). Both A2 and A4 along with PWs 20 and 38 left Madanappalli at about 5.30 or 6.00 p.m. on 28-8-1993. They reached Mukunda Theatre at Banswadi, Bangalore at about 9.30 or 10.00 p.m. where A 3 joined them as pre-planned. A2 and A4 along with PW 20, driver of the car had their drinks and meals at Sambaram Bar located near Banswadi, the place where the deceased, along with his wife, A1 were living. During that period PW 38, Cleaner of the car, stayed back in the car. PW 15 Chennappa served food and drinks to A2, A3 and A4. After taking their drinks and meals, the trio visited the nearby betel-leaf shop of Vinayaka, PW 45 wherefrom they purchased betels and cigarettes. Later the aforesaid accused persons joined PW 38 in the car. A2 to A4 told the driver of the Car PW 20 and Cleaner PW 38 that they were going to attend a marriage function and would be joining the aforesaid witnesses later.