URMILA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The State has filed this appeal under Sec. 372 of Cr.P.C. challenging the impugned judgment and order of acquittal dtd. 16/11/2009 passed by the District and Sessions Judge, Uttara Kannada, Karwar in S.C.No.82/2006 for the offences punishable under Ss. 302 and 201 r/w Sec. 34 of IPC.

(2.) Brief background of the case: Accused Nos.2 and 3 are the husband and wife and accused Nos.1 and 4 are their son and daughter. The complainant's son namely, Manoj had married accused No.4 during April, 2005. After marriage, accused No.4 started living with the deceased and after sometime, she left the house and started residing with her parents. The deceased Manoj made efforts to bring back her, but she refused to join him. On 2/5/2006, accused No.1 telephoned the complainant and instructed her to send her son to take his wife i.e., accused No.4 along with him. The complainant had informed Manoj about the telephone call received from accused No.1. Pursuant to the telephonic call, Manoj went to the house of accused No.4at about 9.00 a.m. on the same day. On 4/5/2006, the complainant received an anonymous call to the effect that Manoj has been assaulted by the accused. Immediately, the complainant tried to contact the accused over phone, she could not contact them. Thereafter, the complainant approached Kadra Police Station at about 12 noon on the same day. Since the police did not entertain her complaint, she came to the court and lodged a private complaint under Sec. 200 of Cr.P.C. After registering the private complaint, the same was referred to PSI, Karwar Rural Police Station under Sec. 156(3) of Cr.P.C. for investigation. The PSI, Karwar Rural Police Station registered a case in MCR No.39/2006 and sent the FIR to the court. The police arrested accused No.1 and voluntary statement was recorded as per Ex.P24. The PSI sent a requisition to the court to include Ss. 302 and 201 r/w Sec. 34 of IPC to the above MCR No.39/2006. After registering the case, he sent a letter to the Assistant Commissioner, Karwar seeking permission to exhume the body. The Assistant Commissioner directed the Tahsildar to exhume the body under a panchanama. The Tahsildar directed the doctor to conduct postmortem. Accused No.1 shown the place where they had buried the dead body and the police recovered the dead body and also wire and pickaxe under panchanama. Accused No.1 lead to his house and all the remaining accused Nos.2 to 4 gave their voluntary statement and accused No.2 produced a wooden club used for commission of the offence. The Investigating Officer obtained the FSL and Serology report and after completing the investigation charge sheet was filed against the accused for the offences punishable under Sec. 302, 201 r/w Sec. 34 of IPC.

(3.) After receiving the records of the case on commitment, presence of the accused was secured. The charge for the offences punishable under Ss. 302 , 201 r/w Sec. 34 of IPC was framed against the accused. The accused pleaded not guilty and claim to be tried.