STATE OF KARNATAKA Vs. LAKSHMANAIAH

JUDGEMENT

(1.) Lakshmanaiah was tried for the murder of his wife Nagarathnamma and also for stealing his mother-in-law's property. He was convicted by the trial Court under S. 302, Indian Penal Code and was sentenced to imprisonment for life. He was, however, acquitted of the charge under S. 380, IPC. The appeal filed by Lakshmanaiah against his conviction under S. 302, IPC was allowed by the High Court' and he was acquitted. No appeal against his acquittal under S. 380, I.P.C. was filed before the High Court. This appeal is by the State of Karnataka against the judgment of acquittal rendered by the High Court.

(2.) Lakshmanaiah along with his wife and two children aged two years and eight months was residing in Mandya City. Gowramma, his mother-in-law, along with her younger daughter Leelavathi, was also residing in the same city at a short distance from his house. The prosecution case is that Lakshmanaiah used to demand money from his mother-in-law through his wife. He had executed two promissory notes ' for Rs. 2,000/- and Rs. 3,000/- in favour of his mother-in-law towards the money he had borrowed from her. He became disgruntled when his motherin law refused to comply with his demands and his wife declined to help him in getting more money from her mother. As a consequence he started abusing, ill-treating and assaulting his wife. Few months before the occurrence Gowramma brought her daughter Nagarathnamma and her children to her house. After some time Lakshmanaiah also came to reside at the house of his mother-in-law. It is alleged that on January 12, 1979 Mahadev, a close relation of Gowramma came to their house at about 4 p.m. On that day apart from Lakshmanaiah, his wife and two children, there were Gowramma, Leelavathi and Mahadev present in the house .of Gowramma. According to the prosecution story Lakshmanaiah gave Rs. 30 to his wife which she further gave to her mother for buying clothes for the children so that they could wear the same on the ensuing "Sankranti" festival. Gowramma and Leelavathi went to the market to buy clothes for the children. Thereafter Lakshamanaiah gave Rs. 2/- to Mahadev and sent him to the market to bring "Heralikayi" a sort of vegetable. Thereafter Lakshmanaiah was left alone in the house- with his wife and two small children. When Gowramma and Leelavathi came back from the market they found the two children crying outside the house. On entering the house they did not find anybody inside. On further search they found the deadbody of Nagarathnamma in the bathroom, her head ducked in the bucket full of water. After some time Mahadev also came back to the house and learnt about the death of Nagarathnamma. Gowramma came to know from the neighbours that her son-in-law went out of the house some time back. Case was registered with the police. Lakshmanaiah was found absconding. He was, however, arrested on January 16, 1979.

(3.) There is no direct evidence against the respondent. The prosecution relied on the following circumstances: