GOPE GOWDA @ UNTADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this appeal filed under Section 374(2) of Cr.P.C, the appellant has questioned the legality and correctness of the judgment of conviction and order of sentence dated 19.2.2005 passed by the Presiding Officer, Fast Track Court II at Mysore, in S.C. No. 296/1999 convicting him for the offences punishable under Sections 364 and 307 of IPC and sentencing him to undergo Simple imprisonment for 5 years and to pay fine of Rs. 2,500/ - for each of the offences.

(2.) THE case of the prosecution in brief was as under: P.W. 1 -Lingamma is the wife of the accused. Their marriage had been solemnized about 21 years prior to 5.8.1996. From out of the said wedlock, P.W. 1 gave birth to a girl child, which later died. After about 5 or 6 years of the marriage, differences arose between the couple on the ground that the accused has taken a second wife. The accused after taking the second wife, deserted P.W. 1 and therefore, she started living in her parental home at Ganayakanapura. As the accused was not providing money for her maintenance, P.W. 1 filed a petition under Section 125 of Cr.P.C. before the jurisdictional Court at Mandya seeking an order of monthly maintenance and after contesting the said petition, the Court directed the accused to pay monthly maintenance. Accused used to deposit the maintenance in Court and P.W. 1 was collecting the same from the Court. Even when the proceedings were going on before the jurisdictional Court at Mandya, the accused and P.W. 1 used to have physical contact. On 3.8.1996. P.W. 1 went to the Court at Mandya to collect the maintenance amount and on that day, she was told by the officials of the Court that the maintenance amount has been deposited by the accused and she could collect the same only after a week. On that day at about 2.00 p.m. the accused met P.W. 1 near the Court premises and asked her to accompany him to a village stating that he has purchased timber in the said village. Though she initially refused to go with him, she was persuaded to go with the accused and accordingly, from Mandya, the accused took her to T. Narasipura, where they had snacks in a hotel and from there, the accused took her in -Ganesha bus to nearby village called Bagli, where they got down from the bus and from there, she was taken near a land, where there was a dilapidated well and a pump -house. At that place, the accused annoyed by the fact that on account of P.W. 1 ™s persistence, warrant was issued against him and he was brought to the Court, he undressed her, had sexual intercourse with her, there after threw her into the well and by tiding her clothes to a stone, threw them also into the well and went away from that place. After some time, P.W. 1 managed to come -out of the well and walked a distance naked, hid herself behind a fence near the hospital. By that time, P.W. 6 -Dharmendra and P.W. 7 -Ramachandraiah residents of Bagali, came there on their way to answer the call of nature by holding a torch in their hands. At that time, she requested them to provide her clothes by explaining them of her plight. Immediately, P.W. 7 went back to his house in Bagli and brought his wife P.W. 14 -Puttatayamma with a sari, petticoat and blouse and after providing the dress, brought P.W. 1 to his house. In the meanwhile, P.W. 5 -Mahadevaswamy, another resident of Bagii, who had some acquaintance with P.W. 1 also came there. P.W. 1 narrated the entire incident to all of them and requested them to inform her brother and other relatives. Accordingly, P.W. 5 went to Mandya on the next day and requested P.W. 11 -M.C. Sridhar, resident of Maragowdanahalli to inform P.W. 16 -Ramalingaiah, brother of P.W. 1 and to request him to come over to Bagli to meet his sister. P.W. 11 made arrangements to inform P.W. 16 and others. On receipt of the information, P.Ws. 3 & 16 came to Bagli in the evening of 4.8.1996, met P.W. 1 and at that time, P.W. 1 appraised them about the incident. Thereafter, P.Ws. 3 & 16 went back to their village informing P.W. 1 that they would come back next day alongwith few elders of the village. On 5.8.1996. P.Ws. 3 & 16 along with few other elders came to Bagli, met P.W. 1 and thereafter took her to police station in T. Narasipura. In the police station P.W. 1 made an oral complaint about the incident, which was reduced into writing as per Ex. P1, based on which the case came to be registered and Investigation was taken -up. During the Investigation, the accused was apprehended and the statement of witnesses were recorded, After completing Investigation, charge sheet came to be laid.

(3.) THE prosecution in order to bring home the guilt of the accused, examined P.Ws. 1 to 19 and got marked Exs. P1 to P4. During cross -examination of the witnesses, the defence got marked Exs. D1 to D13. The prosecution also placed reliance on MOs. 1 to 5.