LAWS(KAR)-1970-7-23

K BALAKRISHNA RAO Vs. UDHAYA

Decided On July 03, 1970
K.BALAKRISHNA RAO Appellant
V/S
UDHAYA Respondents

JUDGEMENT

(1.) This appeal under S, 417(3) of Cr.P.C., is directed against the judgment dated 31-12-1968 passed, by the Additional First Class Magistrate of Mangalore, S. Kanara, in C.C, No. '3273 of 1967, acquitting me respondent-accused of the offence under S. 500 IPC., arid foe tacts leading to the same may briefly be stated.

(2.) The appellant-complainant at whose instance the proceedings in C.C. No.3273 of 1967 started, is a resident of Mangalore ana is employed in the Karnatak Bank, Harnpanakatta, Mangalore Town. His younger sister Sunanda was married to one Gururaja Rao s/o. Dr. P. Ananua Rao of Kotekar in the year 1964 and on or aoout the midnight of 28/1/1967 she died. On coming to know of the same, the appellant rushed to Kotekar reaching it at aoout 2 a.m. on 29/1/1967 and mere suspecting that it was a case of unnatural death, he asked both Gururaja Rao and his father Ananda Rao not to proceed with the cremation till post mortem examination was conducted over the dead body. But, neitner Gururaja Rao nor Ananda Rao heeded to his words and eventually they cremated the dead body of Sunanda. Thereupon, the appellant tiled a complain before the Circle Inspector of Police, Rural Circle, Kanakanady on the same day i.e. 29/1/1967 for taking action in that regard.

(3.) Later, a series of articles appeared in a Kannada Weekly newspaper known as 'Ashavadi' printed and published in Mangalore, concerning the death of the said Sunanda and they are marked as Exts.D-1(a) to D-9(a) and the first is dt. 9/3/1967 and the last 24/8/1967. Therein it was alleged among other things that the death of Sunanda was not a natural one but was a case of deliberate and pre-arranged murder. Serious allegations were also made against her husband Gururaja Rao and his parents and some others including Sri Bhasker Rao of Rama Pharmacy of Mangalore Town, suggesting that the death of Sunanda was brought about by them. In some of the articles, aspersions were also cast on the Police Officers on the ground that proper action was not taken by them for unearthing the cause for Sunanda's death.