CHANDRAPPA, S/O. LATE NARAYANAPPA Vs. THE STATE OF KARNATAKA THROUGH THIRUMALASHETTYHALLI POLICE, REPTD. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

JUDGEMENT

(1.) IT is alleged that, in between 15.11.2010 and 16.11.2010, Ravi [deceased] was found dead and his dead body was hanged to a tree near the garden of one Anjanappa. No complaint was lodged either on 15.11.2010 or 16.11.2010 and it is only on 17.11.2010, the complaint came to be lodged by the father of the deceased stating that the Petitioner and some others have caused the death and hanged the dead body on the tree. The statement of the wife of the deceased reveal that on 15.11.2010 itself she was informed by the parents -in -law on phone that the deceased Was killed by the Petitioner and others. Despite this fact, there is a delay of more than two days in lodging the complaint. Further more, after the arrest of the Petitioner, the police have recorded the voluntary statement. It reveals that the Petitioner took the help of 2 other unknown persons and after causing the death of the deceased by use of a paper cutter, measuring about 14 cm., hanged the dead body to the tree.

(2.) BUT , as could be Been from the FSL report, the length of the paper cutter is about 23 cms. Furthermore, as could be seen from the investigation held, until today no recovery of incriminating material has been made by the prosecution. The case is completely depend/based on the circumstances.