BABU S/O MUNIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dated 28.12.2004 passed by the Presiding Officer, Fast Track Court-III, Bangalore Rural District, Bangalore, in S.C. No.190/2002 convicting the appellant/accused for the offence punishable under Sec. 306 of Penal Code and sentencing him to undergo imprisonment for three years and to pay fine of Rs. 10,000.00 for the said offence.

(2.) The case of the prosecution in brief is that, the marriage of deceased Nagarathna, daughter of PW.9- Kanthamma and PW.10-Muniswamappa, resident of Southegowdanahalli in Devanahalli Taluk, had been fixed with PW.2-Papanna, son of PW.3-Venkatappa, resident of Vemagal Town in Kolar District, some time about five months prior to 08.03.2001. Thereafter, about few days prior to 08.03.2001, the accused who is the neighbourer of the deceased and PWs.9 & 10 in Southegowdanahalli, handed over a letter to PW.2 and also sent similar letter to PW.2 by post, wherein he had asked PW.2 not to marry the deceased as her conduct and character was not good. Thereafter, PWs.2 & 3 gave the said letter to PW.5, who was the mediator for the marriage, who in turn met PWs.9 & 10, informed them about the letter and cancelled the marriage. On account of this, the said Nagarathna in a bid to commit suicide, consumed some insecticide kept in her house on 08.03.2001 and on coming to know of the same, she was shifted to Government Hospital at Devanahalli and from there to General Hospital at Chikkaballapur. However, she breathed her last in the hospital. On receipt of the death intimation from the hospital, the jurisdictional police registered the unnatural death case and requested the Taluk Executive Magistrate to conduct inquest. Accordingly, PW.17 conducted inquest over the dead body in the hospital and at that time statements of the parents, brothers and other relatives of the deceased were recorded. Thereafter, the dead body was subjected to post-mortem examination. During post-mortem examination, PW.15 preserved the viscera and sent them for chemical examination. The chemical examination report revealed the presence of Organo Phosphorous Insecticide. In the light of the chemical examination report, PW.15 furnished his opinion that the death was due to consumption of Organo Phosphorous Insecticide. On the basis of the opinion furnished by the Doctor as to the cause of death and on the basis of the statements of the witnesses, crime case was registered and investigation was taken-up. During investigation, the accused was apprehended, statements of witnesses were recorded and after completing investigation, charge sheet came to be laid.

(3.) On committal of the case, the appellant/accused appeared before the learned Sessions Judge and pleaded not guilty for the charges levelled against him and claimed to be tried.