STATE OF MYSORE Vs. RAMAJI RAMAPPA MALAGI

JUDGEMENT

(1.) The accused (respondent) Ranoji Ramappa Malagi, stood charged in. the Court of the Principal Sessions Judge, Belgaum of the offence punishable under S.302' IPC. for the murders of his younger sister Shiddewwa and one Shidappa, at about 6 P.M. on 7-11-1969 (Friday), in the land of Kareppa Gundi bearing R.S.No.46 of Benchinmardi village, by assaulting them with a sickle. He has been acquitted, and this appeal is filed by the State.

(2.) The prosecution version, briefly, is The accused found Shiddappa and Shiddawwa, the two deceased, having illicit intercourse and he cut and killed them both with the sickle MO. 9. After committing the murders, he went to the house of the Police Patil PW.3 Buddappa at about 9-30PM. on that day. There PW.3 and one Ramappa Sanadi were sitting chatting. The accused had carried the sickle MO.9 with him. He was wearing the Khadi cap (MO.10), the banian (MO.11) and the dhoti (MO. 12). MOs.9, 10, 11 and 12 were all blood-stained. He told the Police Patil, PW.3, about the occurrence. He led PW.3 and Ramappa Sanadi to the spot where the two corpses were. The three of them returned to the house of PW.3. There PW.3 reduced into writing the information given by the accused, as per Ex.P5. PW.3 wrote his Khabari Report (Ex.P6) and the complaint (Ex.P7). Then he secured PW. 4 Balappa and one Basappa Rudrapur. Thereafter, PW.3, PW.4, Basappa Rudrapur and Ramappa Sanadi, along with the accused, went walking to the Police Station at Gokak, about six miles away, reaching there at about 1-30 AM. on 8-11-1969 (Saturday) . The Police Patil, PW.3, gave Exs.P5, P6 and P7 to the Sub Inspector of Police (PW.9), who registered the crime under S.302 IPC. and submitted the FIRs., the one sent to the Judicial Magistrate, First Class, Gokak being received by him at 5-15 AM. The Sub Inspector, PW.9, attached the bloodstained sickle (MO. 9) which the accused was carrying and the bloodstained clothes (MOs.10, 11 and 12) which were on his person, under the panchanama Ex.P 10.

(3.) The Sub Inspector PW.9, the accused and the others proceeded to the scene of occurrence and reached there at about 4-30 AM. A little later, inquests were held over the dead bodies of Shiddappa and Shiddawwa as per Exs.P8 nd P9, respectively. The Cirlcle Inspector of Police (PW. 10) took over the investigation from the Sub Inspector PW.9 at about 11AM. The confession statement (Ex.P4) of the accused was recorded by the Taluk Executive Magistrate (PW.2) on 14-11-1969. The Circle Inspector (PW.10) laid the charge-sheet in the committal Court on 2-12-1969.