SANNE GOWDA GOPALA Vs. STATE

JUDGEMENT

(1.) THE sole accused Sannegowda @ Gopala is the appellant herein. The deceased is one Manjula aged about 26 years. She was married to the accused about 4 years prior to her death and she had a daughter aged about two years through the accused. The appellant has been convicted by the trial Court for the offence under Section 302 IPC for having committed the murder of his wife Manjula on 4. 2. 1991 at about 3. 00 p. m in the afternoon in the coffee estate of one Rajashekar situated within the limits of Kollalli village of sakaleshpur taluk. P. W. 1 Shankari is the younger sister of the deceased. During the relevant time of this incident, P. W-1 Shankari had come to her parental house for her first pregnancy and she had also delivered a child in the house of her parents. P. W. 5 Subbamma is the mother of the deceased and P. W. I. !t is the case of the prosecution that after the deceased Manjula was taken by the accused to his village Handanakere, to live there, she had lived with the accused for about 2 months. Thereafter it is stated that on a certain Sunday at about 6 p. m in the evening, the deceased manjula returned to the house of her mother P. W. 5 at Sakaleshpura and told to both her mother and sister that she had been ill treated and assaulted by the accused and that further she had also told them that the accused had caused burn injuries on her person and that she is not prepared to go back to the house of her husband namely the accused in view of the harassment meted out to her at the hands of the accused in her matrimonial house. Thereupon, apprehending that the accused may come at any time and harass the deceased, P. W. 5, the mother of the deceased, kept the deceased manjula in house of one Kamalamma P. W. 14. While she was so staying in the house of P. W14 Kamalamma, it is stated that the deceased had visited a Kannada movie in Uma Shankar Theatre In their village along with Rangamma P. W. 2 and Ratnamma P. W. 3. On the same day at about 2. 30 P. M. the accused stated to have visited the house of P. W. 5 Subbamma and enquired with P. W. 1 Shankari about the deceased. At that time P. W. 5 was however not present in the house. The accused also drank water in the house of P. W. 5 on that day and then he went away from the house of P. W. 5. Thereafter on the next day morning at about 11 or 11. 30 a. m. the accused again came near the house of P. W. 5 in an autorickshaw and tried to offer a biscuit packet to his daughter. But his daughter being scared of the accused, came inside the house. Thereafter when P. W. 1 came outside the house, the accused went away in the autorickshaw P. W. 1 informed this fact to her mother on her return to the house at about 6 p. m. in the evening. Immediately P. W. 5 Subbamma went and made enquiries with Rangamma and she was told by her that the accused took away the deceased Manjula along with him from the theatre itself. Thereupon P. W. 5 Subbamma went to Sakaleshpura Police station and lodged a missing complaint in respect of her daughter manjula. Thereafter presence of the accused was secured to the police station and was asked about the whereabouts of the deceased manjula. The accused told them that he had kept the deceased manjula (his wife) in the house of one Girija at Nuggehalli. Then p. W. 5 was asked to accompany the accused in order to get back the deceased Manjula from Nuggehalli. Accordingly P. W. 5 Subbamma along with Kamalamma P. W. 14 and Kandaswamy P. W. 13 accompanied the accused in order to go to Nuggehalli village But when they came to Hassan bus stop from their village in order to go to Nuggehalli, the accused gave a slip to them at the bus stop and ran away. He could not be secured by them. When the accused gave a slip to them at the bus stop of Hassan and ran away there from and could not be traced by them, P. W. 5 along with above said persons returned to their Village. P. W. 5 also stated to have made efforts to trace the deceased Manjula but it was proved to be unsuccessful. After about 4 or 5 days of their return to the villages the dead body of the deceased Manjula was traced in the coffee estate of one Rajashekar within the limits of Kollalli village of sakaleshpura taluk. It is stated that while P. W. 5 Subbamma was in the house, an young girl aged about four and a half years came and told P. W. 5 that the dead body of her daughter is found lying in the said coffee estate. Thereafter P. W. 1 Smt. Shankari along with some other persons went there and saw the dead body of the deceased Manjula in the said coffee estate. The dead body of the deceased Manjula was found in reclining positions back supported against the stem of a coffee plant and buttocks rested on the ground. The legature material was found around the neck. Thereafter a complaint came to be lodged in this regaid to the P. S. I. P. W. 9 by the complainant P. W. 1 and on the basis of which, he registered a case and took up the investigation. He held the inquest proceedings on the dead body of the deceased as well as the observation mahazar at the spot. Thereafter the investigation was taken over, by the C. P. I. , P. W. 16 who completed the investigation and submitted the charge sheet to the Court against the accused. The dead body of the deceased was subjected to postmortem examination at the spot as per the P. M. report Ex. P. 12. It would reveal that the dead body of the deceased was found at the spot in a reclining position, back supported against the stem of the coffee plant and the buttocks resting on the ground. The legature material was thrown around the neck in two rows with a knot present over the left side of the neck. Eyes have come out of their sockets, tongue was bitten and protruding out of oral cavity teeth clenched and bluish discolouration was seen over the face, neck and upper part of chest. The legature mark of about 4 inches wide was seen present over the neck regions completely encircling the neck about 14 inches in length another faint legature mark of about 6 inches in length was found above the first legature mark. With regard to the cause of death, it is opined that no definite opinion can be given as to the cause of death. P. Ws. 2 and 3 who alleged t6 have accompanied the deceased for seeing the Kannada moovie on that relevant day in a cinema theatre, have turned hostile. P. W. 4 is a panch for the inquest proceedings held over the dead body of the deceased as per the inquest report Ex. P. 4. P. Ws. 6, 7 and 8 have ben examined by the prosecution to speak regarding the circumstances of the accused and the deceased being last seen together alive. P. W. 10 is the police constable who carried the FIR to the jurisdictional Magistrate. P. W. 11 is the P. S. I, who speaks to the complaint Ex. P. 6 given by P. W. 5 Subbamma on 6. 2. 1991 and at that time he had also recorded the statement of the accused as per Ex. P. W. 8 after he was secured to the police station on the basis of a complaint given by P. W. 5. P. W. 10 is a panch to the panchanama Ex. P. 9. P. Ws. 13 and 14 are the two persons who had accompanied P. W. 5 Subbamma to Nuggehalli and the accused gave them a slip at the Hassan bus stop and ran away P. W. 15 murgesh is the gate keeper of the cinema theatre, which was alleged to have been visited by the deceased to see a Kannada movie on that relevant day. Though P. W. 15 has turned hostile to the prosecution, he has supported the case for the prosecution to a certain extent.

(2.) THE accused when examined under Section 313 Cr. P. C. , except admitting the fact that deceased Manjuta is his wife, has denied all incriminating circumstances. The defence of accused is one of a total denial.

(3.) THE trial Court on consideration of the entire materials placed on record by the prosecution, has convicted the accused under section 302 IPC. , for committing the murder of his wife and sentenced him to undergo imprisonment for life and also to pay a fine of Rs. 1000/ -. Aggrieved thereby, the convicted accused has preferred this appeal challenging the conviction and sentence passed by the trial Court.