SUDHAKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused filed the present Criminal Appeal against the impugned judgment of conviction and order of sentence dated 25.01.2015 made in S.C.No.38/2018 on the file of the Principal Sessions Judge, Shimoga convicting the accused for the offences punishable under Sections 302 and 324 of Indian Penal Code.

(2.) It is the case of PW.1 that he is the resident of Harige Village and working in Shantala Factory. As usual, on 26.04.2017, after completion of his night duty work as CNC Operator, he was returning to the House on N.H-206 road from Machenahalli to Harige Village. At about 7.30 a.m., when he was proceeding near Kengalkatte Water Tank, he noticed several persons were gathered in the open space by the side of the road, in the anxiety, he had noticed about 20-30 years aged lady found dead and somebody had committed murder of her. On the right hand of the dead body, there is a tatoo as "Nagaraj Yallavva". By the side of the dead body, about 3-4 years female baby was crying and she has also sustained bleeding injuries on her head. Somebody had committed murder of that lady and left the place. After getting information about the dead body of unknown lady, he lodged the complaint to the jurisdictional police. On the basis of the complaint given by PW.1 as per Ex.P1 against unknown persons, the jurisdictional police registered the case. After investigation, filed the charge sheet against the accused for the offences punishable under Sections 302, 201 and 324 of Indian Penal Code.

(3.) After committal of the case to the Sessions Court, learned Sessions Judge framed charges against accused for the offence punishable under Sections 302 and 324 of IPC and read over and explained the charges to the accused in the language known to him. The accused pleaded not guilty and claimed to be tried.