STATE OF KARNATAKA Vs. C R RAVI

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment dated 10.08.2006, passed by the Principal Sessions Judge, Chikmagalur in S.C.No.28/2005 acquitting the respondent of the offences punishable under Sections 302 and 201 of IPC.

(2.) The case of the prosecution is that the deceased Suvarnamma was living with her husband PW.1 Shekarappa in Kunkanadu village of Kadur Taluk. PW.1 Shekarappa was blind and since the deceased was having money lending business, the accused made friendship with the deceased saying that he is a distant relative and started moving with her. Subsequently, the accused started living in the same house, where the deceased was living with her husband - PW.1. PW.1 and deceased had two sons but at the relevant time, both the sons were staying out side the village, pursuing studies. It is the case of the prosecution that on 21/22.01.2005 at about 8/8.15 p.m., in the house of PW.1 Sherakappa, the accused committed murder of the deceased Suvarnamma by pressing her nose and mouth and thereby, he is alleged to have committed offence under Sec. 302 IPC. It is further alleged against the accused that on the said place, date and time knowing or having reason to believe that offence of murder in respect of the said deceased has been committed by him, the accused did cause the evidence of the said offence to disappear against him, by tying a rope around her neck and hanging her to the roof of the said house, thereby, he is alleged to have committed an offence under Sec. 201 of IPC.

(3.) PW.14 B.H.Patil, was the Station House Officer of Panchanahalli Police Station. He states that on the intervening night of 21/22.01.2005, he received information during the midnight from one of the public reporting that a murder has taken place in Kunkanadu village and he sent the Head Constable and Police Constable to the scene of occurrence on a motorcycle and verified the incident. On the next day, at about 8 a.m., PW.1 - Shekarapa came to the police station and laid the information regarding the commission of the offence, which is treated as FIR in this case. In the meantime, PW.5 and other villagers had caught hold of the accused and extracted the information from him that he himself has committed the murder and the said PW.5 and others handed over the accused to the custody of the Police and thereafter, the accused was arrested. After completion of the investigation, charge sheet came to be filed against the respondent - accused.