STATE OF KARNATAKA Vs. ISAK @ RAVI AND OTHERS

JUDGEMENT

(1.) MATERIAL case of the prosecution disclosed that one Devanira Chengappa is the deceased. P.W. 1 -D.M.Subbaiah and P.W. 2 -Achappa are the brothers of the deceased. Said Chengappa was living in his Coffee Estate situated at Siddapur. P.Ws. 1 and 2 were residing nearby the estate of the deceased. Respondent Nos. 1 and 2 are accused Nos. 2 and 3 before the trial Court. Accused No. 1 is absconding. Therefore, the case against him is split up. Respondent No. 3 had joined employment under the deceased as writer -cum -driver about one month prior to the incident and Accused No. 2 had joined as a watchman. One Rajeshwari -P.W. 6 was working as a servant maid -cum -cook under the deceased.

(2.) ON 26.8.2001 in the morning, the deceased and accused No. 3 went to sandy market and returned at about 11.00 a.m. Around 1.30 p.m., accused No. 3 went and informed P.W. 2 that the deceased had accidentally fallen and he is not responding. P.W. 2 informs about this incident to P.W. 1 over telephone. Accused No. 3 also goes to the residence of P.W. 1 by jeep and brings P.W. 1 to the residence of the deceased. They found that the deceased had sustained visible physical injuries on the face and the head.

(3.) THE accused No. 2 and accused No. 3 came and enquired P.W. 6 about the whereabouts of the deceased since he was not in the house. P.W. 6 states that she does not know as to where the deceased had gone. The accused Nos. l to 3 made efforts to search, they found that deceased had fallen in the estate. They got the deceased to the house and informed P.W. 1 that deceased had fallen. The deceased was motionless. It is thereafter the accused No. 3 informed P.Ws. 2 and 1 and complaint came to be lodged in that context.