JENUKURUBARA GANESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by the accused who is in judicial custody assailing the Judgment dtd. 28/1/2016 passed by the I Additional District and Sessions Judge, Kodagu, Madikeri in S.C.No.48/2013 convicting the accused for the offence punishable under Ss. 302 and 201 of IPC and the Order sentencing him to undergo imprisonment for life and to pay a fine of Rs.25,000.00, in default simple imprisonment for six months for the offence under Sec. 302 IPC and simple imprisonment for seven years and to pay a fine of Rs.5000.00, in default, simple imprisonment for six months for the offence under Sec. 201 of IPC.

(2.) An action to bring to book, the perpetrators of an offence punishable under Sec. 302 and 201 IPC, was set in motion by PW.1 who lodged a report-Ex.P.1 on 27/11/2012 at 10.00 a.m. with the respondent, wherein he alleged that at about 9.00 a.m., when he was walking in the pathway in his coffee plantation, he saw a corpse of a woman amongst the coffee plants, whose face and body was covered by a cloth and that there were injuries on her limbs. He alleged that someone had brought the woman to that place, murdered her and had disposed off the body amongst the coffee plants.

(3.) Based on the complaint of PW.1, the respondent registered Cr.No.190/2012 for the offences punishable under Ss. 302 and 201 of Indian Penal Code, 1988 against unknown persons. PW.14 was assigned to bring to book, the perpetrators responsible for the commission of the crime. A spot mahazar (Ex.P2) was conducted on 27/11/2012 between 11.00 a.m. and 12.00 noon. An inquest was conducted on 27/11/2012 which indicated wounds over the face, shoulders, ribs, cheeks, chest and thighs. A post mortem was conducted on 27/11/2012 (Ex.P6) which indicated "haematoma over left temporal area" and fracture of anterior 2nd, 3rd, 4th and 5th ribs and the following injuries: