SOMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the Trial Court in SC.No.136/2013 dtd. 19/8/2015 whereby acquitted the accused for the offences punishable under Sec. 201 IPC but convicted the accused for the offences punishable under Sec. 302 IPC, 1860. Whereas the appellant is seeking intervention and to consider the grounds urged in this appeal and to set aside the judgment of conviction rendered by the trial court in so far as the offence under Sec. 302 IPC and consequently, to acquit accused.

(2.) Heard the learned counsel Sri Chandrashekar R.P. for the appellant/accused and the learned Additional SPP for the State. Perused the judgment of conviction and order of sentence rendered by the trial court in SC No.136/2013.

(3.) The factual matrix of the appeal are as under: P.W.1 - Thammanna is husband of P.W.5 - Smt. Anitha. They had a daughter namely, Harshitha, aged about 4 years; Ashwathareddy is the father of PW.5- Smt.Anita and he was working as a Watchman; PW.6 is mother of PW.5 Anitha. Due to missing of their daughter Harshitha, criminal law was set into motion by filing of complaint in Crime No.170/2012 whereby FIR came to be registered. The case was registered by PW2.6 -Head Constable of Yelahanka Police Station. Subsequent to registration of crime and also registering the FIR in the Office of Deputy Commissioner of Police, North East Range, Bengaluru, the case in Crime No.69/2012 was registered in Chikkajala Police Station for the offences punishable under Ss. 302 and 201 of IPC, 1860, whereby FIR was registered by PW.27-Thippeswamy being Police Inspector of Chikkajala Police Station and the FIR relating to that crime was submitted to the jurisdictional court of JMFC, Devanahalli. PW.1 and PW.5 were searching for Harshitha who was aged about 4 years. On 28/6/2012 that the brother of PW.5 by name Harish who got information about the dead body of a person near Kodagalahatti pond. Subsequently, that PW1-Thammanna and Harish went to the said spot and found the dead body. The face of the dead body was defaced and the mud block was kept on the dead body. PW1-Thammanna identified the dead body of his daughter Harshitha and subsequently, he went to Chikkajala Police Station and gave the statement to police that the body was found in the Kodagalahatti pond. Based upon his statement as per Ex.P26, criminal law was set into motion by registering Crime No.69/2012 based on the missing complaint of a girl by name Harshita aged 4 years.