STATE OF KARNATAKA Vs. DEJA K SHETTY

JUDGEMENT

(1.) Deja K. Shetty was tried for the offences punishable under S. 302 and 392 Indian Penal Code. The trial court convicted him on both the counts and sentenced him to undergo imprisonment for life and rigorous imprisonment for five years respectively. The appeal filed by him was allowed by the High court, the conviction and sentence of Shetty was set aside and he was acquitted of both the charges. This is State appeal against acquittal.

(2.) The prosecution case in a nutshell is as under.

(3.) Vasanthi-deceased was the daughter of Sesha Shetty Public Witness 8. She along with her son was living with her father in a portion of the family house in village Gurupura. Mohini Public Witness 10 who was Vasanthi's mother's elder sister's daughter, along with her husband and son, was living in another portion of the same house. The remaining portion of the house was occupied by Rathna Public Witness 12 who was Vasanthi's mother's younger sister's daughter. Vasanthi was living in the said portion of the housealong with her husband Babu Shetty. The respondent-accused is the younger brother of Rathna Public Witness 12. Vasanthi-deceased was thus a cousin sister to the respondent-accused as she was his mother's sister's daughter, The accused was residing with his wife and children at Mangalore. According to Sesha Shetty Public Witness 8 the accused had come to their house near about 15/12/1980 and at that time his daughter Vasanthi told him that the accused had asked her to accompany him to Mangalore so that she could go for pilgrimage along with his wife. He further stated that on 24/12/1980 Vasanthi told him that she was going to Mangalore and would return the same day or the next day. Raveendra Public Witness 9, Mohini Public Witness 10, Shyamala Public Witness 11, Rathna Public Witness 12 and Ramani Public Witness 17 corroborated the version of Sesha Shetty Public Witness 8. Mohini Public Witness 10 further stated that the deceased borrowed her purse (vanity bag) and at the time of leaving for Mangalore she was wearing rose-coloured sari, a white blouse, four rolled gold bangles, two gold bangles, a ring in her finger, a necklace and two ear-rings. Shyamala Public Witness 11 stated that the deceased had borrowed her ring at the time of leaving for Mangalore. Rathna Public Witness 12 deposed that the deceased borrowed two gold bangles and a chain from her with the promise that she would return the same after return from Mangalore. These witnesses further deposed that Vasanthi-deceased did not return back from Mangalore.