STATE OF KARNATAKA Vs. RAJA

JUDGEMENT

(1.) The material facts of the prosecution case disclose that one Smt. Naveenamma is the deceased. The accused and the deceased loved and got married. Initially, the father of the deceased-PW1 did not agree. But later on, he consented for the marriage. The deceased and the accused were living along with PW1 for about 3 months. There used to be frequent quarrels between the accused and the deceased, since the accused suspected that the deceased has illicit relationship with others. The accused and the deceased left the house on the pretext of going to Bangalore. The accused and the deceased did not return.

(2.) The PW1 lodged a missing complaint. The police after registering the missing complaint on 01.03.2006, marked at Ex.P.1, arrested the accused on the next day of the complaint. The accused voluntarily led the Taluka Executive Magistrate and the police to the place where he had buried the dead body of the deceased in the village. On exhumation, the skeletal remains were found. The PM report discloses that the bones of the skeletal remains pertains to a female, aged about 15 to 17 years. The accused showed the place where the club used for the commission of offence and clothing of the deceased which he had concealed. The skull, mandible and teeth of the deceased were sent to DNA examination. The FSL report shows no DNA source was available from the skull, mandible and teeth of the deceased.

(3.) The prosecution on the basis of the circumstances of motive i.e., frequent quarrels between the accused and the deceased, the last seen circumstance of the deceased and the accused leaving the house of PW1, the circumstance of tracing the dead body of the deceased at the voluntary instance of the accused and exhumation of the body, the circumstance of recovery of clothing of the deceased and identification of the same by PW1. The PM report is to the effect that the death is homicidal has made out a case of the accused causing murder of the deceased.