STATE OF KARNATAKA Vs. RAKESH

JUDGEMENT

(1.) This Criminal Appeal is filed by the State under Section 378 (1) and (3) of the Code of Criminal Procedure assailing the judgment and order of acquittal dated 27.07.2016 passed by the I Addl. District and Sessions Judge , Dharwad, sitting at Hubballi, in S.C .No.104/2012 .

(2.) The case of the prosecution is that on 24.08.2009, Shri Omprakash, PW-1 informed the police that his wife Smt.Roopa was found dead with blood injuries in the bedroom. One Mr .Ra jendra Kumar (PW-11) called him on the cell phone and informed him that his wife was unwell and therefore, he should immediately rush back to his house. Earlier that morning at about 10 a.m., Omprakash and his wife , the deceased visited Shiva temple situated in Medar Oni Circle of Hubballi and a fter performing poo ja, he dropped his wife near vegetable market, Sara fgatti, Hubballi. Thereafter , at about 10.30 a.m., he deposited a cheque of Jain Marbles and proceeded to Jain Marbles, Hubballi, where he was working. On receiving a call from Rajendra Kumar , he rushed to his house and saw the dead body of his wife at 1.20 p.m. He noticed that her left cheek and her le ft eye were swollen and that cash of Rs.5,30 ,000/-, 4 gold bangles weighing 4 tholas, 2 gold ear rings weighing 3 grams, 2 gold rings weighing 6 grams and another sum of Rs.12,000/- were missing from the house . He suspected that someone had attacked his wife with deadly weapons and committed dacoity. The information was registered in Cr.No .183/2009 against unknown persons for offences punishable under Sections 302, 394 , 201, 376 read with Section 511 of the Indian Penal Code. The Police Inspector of Town Police Station, Hubballi, summoned finger print experts and dog squad to the scene of of fence and requested the Taluka Executive Magistrate, to conduct inquest panchanama. PW-29, Jackson D Souza, conducted the investigation in part and then handed over the charge to PW-30 , Police Inspector . When the spot panchanama and inquest panchanama were being conducted, it appears that CW-17 , Smt.Shakuntala saw the accused standing in the crowd and started shouting at him that she saw him entering the house of the deceased in the morning wearing pink shirt and now he is wearing white shirt.

(3.) During the process of investigation, the police collected finger prints of all the residents in the apartment, neighbourhood and persons who were frequenting the house like newspaper vendors, milk vendors etc., Since CW-17 had suspected the accused, his finger prints were also taken. Nevertheless, the finger prints found in the house did not match the finger prints of the accused. However, amongst the material objects collected from the body of the deceased and from the spot, a broken finger nail was also collected along with many items like one gold ear ring, one gold spring neck chain, hair strands etc.,