STATE OF KARNATAKA Vs. MURALI

JUDGEMENT

(1.) One Smt. Parvathamma is the deceased. One Puttashetty-P.W. 3 is the brother of the deceased. One Leelavathi-P.W. 1 is the wife of P.W. 3. The said persons were all residing together in the tenanted premises belonging to one Nanjundaiah-P.W. 2. The tenanted premises, which is one of the row of houses and other tenants were residing in the said row of houses. Respondent 1 (for short, 'R1') in Cri. A. No. 516 of 2004 is the accused 1 (for short 'A1'). The Appellants in Cri. A. Nos. 1851 of 2003, 38 of 2004 and 68 of 2004 are accused 2, accused 4 and accused 3 (for short, 'A2, A4 and A3') respectively before the Trial Court.

(2.) A1 was the neighbour of P.W. 3. A1 is studying PUC. A2 to A4 are friends of A1. P.W. 4 is the minor child of P.W. 1, aged around 2 years at the time of incident. A1 was quite friendly with the members of the family of P.W. 3. On 9-1-1999 around 7.30 p.m., P. Ws. 1, 4 and the deceased were in the house. P.W. 3 had gone out on work. A1 visited P.W. 1 and the deceased. He had chat with them and he was given coffee, afterwards he came out. Thereafter about 5 to 10 minutes, Al came back along with A2 to 4 on the pretext that he has forgotten his cap in the house. A1 immediately gagged P.W. 1 with his hands and told his companions to stab. One of the accused assaulted P.W. 1 with knife on the side of the neck, the other two held the deceased. They were telling the P.W. 1 to open almirah. P.W. 1 on account of assault fell unconscious.

(3.) After becoming conscious, P.W. 1 found that her hands were tied and she was gagged with a kerchief. She also found her aunt is lying dead. The almirah was open. The articles in the almirah were helter-skelter. The valuable articles in the almirah were found robbed. She went to open the door, but found that it was bolted from outside. P.W. 1 tapped the door. One Komala-P.W. 6 (neighbourer) came and opened the door. With the assistance of neighbourer, P.W. 3 was informed. P.W. 1 was taken to Raghavendra Nursing Home for treatment. The police recorded the statement of P.W. 1 in the Nursing Home at 9.30 p.m. as per Ex. P. 1 which is registered as FIR.