STATE OF KARNATAKA Vs. BHOJA POOJARI

JUDGEMENT

(1.) Chitravathi (since deceased) was the daughter of Kirodian (PW 3) and Amba (PW 5). They are the resident of Bombay. On 28th November, 1976, Chitravathi was married to Bhoja Poojari (A-1)-the first respondent herein. After marriage the couple went to the native place of A-1 at Kalwar and stayed there for one and half months. A-1 then came to Bangalore and after staying there for a week or so, he returned to Kalwar where his father was ailing. One week thereafter, A-1 along with Chitravathi came to Bangalore. Parents of Chitravathi who had come to Bangalore went to Kalwar to see their daughter. Chitravathi told her parents that she was being harassed for dowry and ornaments. At that time, Chitravathi was in her fifth month of pregnancy. Chitravathi, her parents and brother of A-1 then came to Bangalore at the house of A-1 at Chikkanna garden. A-1 did not appreciate the coming of Chitravathi at his house at Chikkanna garden as he was then staying with his mistress Parvathi (A-2), the second respondent herein. Parents of Chitravathi were very much disturbed on finding A-1, residing with, A-2 at Bangalore. Chitravathi and her parents thereafter went to Mangalore at their relative's house and after staying there for one and half months, they returned to Bombay along with A-1 on or about 3rd November, 1977. According to the prevailing custom, parents of Chitravathi celebrated Seemantha ceremony as she was in her seventh month of pregnancy. A-1 stayed at Bombay for about one and a half months and thereafter left for Bangalore. Chitravathi on 2nd February, 1978 was blessed with a female child at Bombay and A-1 was informed by a letter but, however, he did not respond to the same. Since there was no response from A-1, Chitravathi told her parents that she would go to Bangalore and stay with A-1 and A-2 and would face the difficulties which might arise.

(2.) While leaving for Bombay, it is alleged by the prosecution that Kirodian (PW 3) told Chitravathi that he would be sending money on the address of Guruva (PW 19) who would pay the same to her. This arrangement continued for sometime but in January, 1979, when Guruva (PW 19) received a money order from Kirodian (PW 3), he informed him that when he went to the house of A-1 at Chikkanna garden on two occasions, he found the house locked and on enquiry, the neighbours informed him that one day Chitravathi, Nalini and A-1 had gone to see a film at 1.00 p.m. and thereafter they did not return. Kirodian (PW 3) on January 15, 1979 received a letter (Ex. P5) purporting to have been written by his daughter stating that she was going to a place which was 13 miles away from Bangalore and she would inform her new address, till then money order be not sent. Kirodian (PW 3) who was conversant with the hand writing of Chitravathi did not believe that the said letter was written by her and suspecting some foul play he wrote back to Guruva (PW 19) requesting him to go and find out the whereabouts of Chitravathi. On 15th of May, 1979, Ananda son of Guruva came to Bombay and told Kirodian (PW 3) that whereabouts of Chitravathi, Nalini and A-1 were not known. Kirodian (PW 3) then on 29th May, 1979 came to Bangalore and after making enquiries with the neighbours of A-1 residing at Chikkanna garden, was told that Chitravathi and Nalini were taken by A-1 at 1.00 p.m. and since then they did not return. One of the neighbours also told that A-1 had taken Chitravathi and her daughter to watch a film show. Kirodian (PW 3) then made several attempts to find out the whereabouts of Chitravathi and her child but without any success and therefore, on 3rd June, 1979, he lodged a missing report/complaint at Central Police Station, Bangalore (Ex. P56). The police also searched the missing persons at various places but they could not find them nor could they get any clue. On 11th July, 1979, Kirodian (PW 3) lodged a complaint (Ex. P3) suspecting the murder of his daughter Chitravathi and Nalini. The crime was accordingly registered for an offence punishable under Section 302/34 of the Indian Penal Code. During the investigation, A-1 was apprehended by Veera Basappa Raju (PW 22) at the Byatarayanapur bus stand and was produced before the C.P.I. who arrested him. During interrogation, he voluntary made a statement to point out the place where the dead bodies were buried. Accordingly, mahazar (memorandum) was prepared in the presence of the panch witnesses after obtaining the permission from the Sub-Divisional Magistrate to exhume the dead bodies. Investigating Officer along with A-1, panch witnesses, medical officer and photographer went to the Sarvodaya School compound as per the direction of A-1. A-1 then pointed out the place where the dead bodies were buried. The dead bodies were kept in the gunny bag which was then taken out of a pit. They were in a highly decomposed condition. The Investigating Officer carried out the inquest panchanama on the dead bodies. The articles which were found on the dead bodies and in the pit were seized under the panchanamas. Dr. B. C. Chandra Gowda (PW 23) performed the autopsy on the dead bodies. B. Raghavendra Rao, Serologist (PW 12) carried out the test after super imposing the skull. A-2 was arrested on 1st August, 1979. After completing the investigation, A-1 and A-2, the respondents herein were put up for trial for the offences punishable under Sections 302, 201/34, IPC.

(3.) Both the accused/respondents herein pleaded not guilty to the charge and claimed to be tried. According to them, they are innocent and they have been falsely implicated in the present crime.