MAIDEEN SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant who was the sole accused in S.C. No. 29/87 on the file of the Sessions Judge, Karwar, U.K., against the judgment dated 9-6-1988 passed by the learned Sessions Judge, Karwar in that case, convicting the appellant for the offence under S. 314, IPC and sentencing him to undergo R.I. for 5 years and in default to undergo R.I. for 6 months, and convicting him for the offence under S. 201, IPC and sentencing him to undergo R.I. for two years.

(2.) I have heard the learned counsel for the appellant and the learned Government Pleader fully and perused the records of the case.

(3.) The case of the prosecution is as follows : The deceased Laxmi was a widow residing in the village Kadle and she had two sons and two daughters and her mother-in-law was also alive. PW 1-Ganapati Patagar is her son-in-law, PW 2-Krishna Patagar is her son, PW 4-Hosabayya Patagar is her elder brother. About three years prior to the date of the judgment of the learned Sessions Judge, the deceased sent words to PW 1 to meet her in her village at Kadle, as PW 1 was the resident of Varakeri village in Kumta Taluk. When PW 1 came and saw her, she told him that she was suffering from stomach pain and there was a Muslim doctor at Manki who would cure her illness and requested PW 1 to take her to that place. PW 1 informed her that he was not accompanying her as the marriage of his sister was fixed. But the deceased pressurised him and due to her pressure in the next week again he went to Kadle village and took the deceased to Manki in a truck. On the way the deceased informed him that she was pregnant and her pregnancy was 7 to 8 months old and the person at Manki to whom she was going, was doing abortions. The deceased also told him that if the abortion was not done she will be ex-communicated by the society. PW 1 took her to the house of the appellant situated in Janata House Colony at Manki. The appellant and the deceased talked for some time slowly and deceased thereafter told PW 1 to go to his place and return after two days. PW 1 after giving his address went back to his village. After five or six days thereafter the appellant came to the house of PW 1 along with a boy at about 10 p.m. and informed him that the deceased died when he was doing abortion. Immediately PW 1 went along with the appellant and saw the dead body of his mother-in-law Laxmi lying in the Janata House and the dead body was rolled up in a mat. The appellant asked him to come to Honavar along with his relatives. PW 1 came to his house and then went to Alvekodi and informed the brothers of the deceased and went to Kadle and informed the mother-in-law of the deceased and her children. Then he, PW 2, and PW 3 left Kadle and came to Kumta. At Kumta PW 4 and CW 12 joined them and they went together to Honavar and met the accused in Honavar bus stand at about 4 or 4.30 p.m. The appellant again informed them the reason for the death of the deceased and took them along with him and consequently they reached Manki. After reaching Manki, appellant informed CW 14 to bring some fuel wood to the house and took all these persons to another house where the dead body was kept. After showing the face of the dead body he tied the same in a gunny bag and removed the nose ring of the dead body before packing in the gunny bag. He went along with PW 1 carrying the dead body tied to a wooden pole at a distance of about two furlongs and there as per the instructions of PW 4 who had carried a pickaxe and a spade had dug the ground and the dead body was buried. All these persons after burying the dead body returned to their respective villages and during the 12th day ceremony they disclosed this fact to the invitee and as per their advise PW 1 went to Kumta Police Station and narrated the event that occurred and his complaint was reduced into writing by PW 25 and a case came to be registered at Crime No. 82/85 and F.I.R. was prepared as per Ex.P. 31 and as the offence had taken place within the jurisdiction of Honavar Police Station, the copy of the F.I.R. was sent to Honavar Police Station and the original of F.I.R. and the complaint to J.M.F.C., Kumta. After the receipt of the copy of the F.I.R., PW 19 registered a case at Crime No. 104/1985 of Honavar Police Station against the accused. After the police investigated into the case and after the completion of the investigation, the police filed charge-sheet against the appellant. The case was committed by the jurisdictional Magistrate to the Court of Sessions Judge, Uttarakannada, Karwar. The learned Sessions Judge framed the charge against the appellant for the offence punishable under S. 314, IPC on the allegation that on or about 4-6-85 at about 10 p.m. he in his house with intent ion to cause the miscarriage of the deceased Laxmi, resident of Kadle village did certain act to bid(sic) the miscarriage, has caused the death of said Laxmi and for the offence under S. 201, I.P.C. on the allegation that the appellant buried the dead body in a hillock with the intention of screening from legal punishment and for the offence under S. 404, I.P.C. that the appellant dishonestly took gold nose ring of the deceased. The appellant pleaded not guilty. The prosecution was called upon to prove the guilt of the accused. The prosecution examined PWs 1 to 27 and got exhibited Exs.P. 1 to P. 27 and got marked M.Os. 1 to 17. The defence got exhibited Exs. D.1 to D. 3. The appellant was examined under S. 313, Cr. P.C. and the accused denied the incriminating evidence led by the prosecution. He did not lead any evidence. After hearing both sides, the learned Judge acquitted the appellant for the offence under S. 404, I.P.C., but convicted him for the offence under S. 314, I.P.C. and also S. 201, I.P.C. and sentenced him as mentioned above. Aggrieved by the judgment of the conviction and sentence passed by the learned Sessions Judge, Karwar against him, the appellant has preferred this appeal.