LAWS(KAR)-2003-1-66

DATTARAJ Vs. STATE OF KARNATAKA

Decided On January 16, 2003
DATTARAJ Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THESE petitions are filed under Section 482 of Cr. P. C. challenging the order of the Additional City Civil and Sessions Judge, Bangalore passed in Cri. Misc. No. 2675/2002 and Cri. Misc. No. 2774/02 respectively.

(2.) THE parties hail from both politically and financially influencial families. The petitioner is the brother of the deceased. The accused A-2 is the wife of the deceased and A-1 is the paramour of A-2. The accused persons found the deceased an impediment to their free living in addition they found that A-2 could inherit large valuable estate, if the deceased is killed. In that view, in a meticulously designed plot, the deceased was murdered. The police after registration of the case were left with no clues to apprehend the offenders.

(3.) IT is the contention of the petitioner that they suspected A-2 in the murder and after shadowing the accused for a quite long time, he was able to tape record the telephonic conversation between A-1 and A-2, which gave substantial clues and material about their involvement in committing the murder. In the course of investigation, the Investigation Officer has recorded the statement of the petitioner and he has made reference to the tape-recorded cassettes. It appears that the petitioner entertained doubts about the integrity of the investigation. A private complaint filed under Section 200 of Cr. P. C. before the JMFC. , Aland and in the said proceedings, the tape-recorded cassettes containing the incriminating material against the accused is produced.