STATE OF MYSORE Vs. NARASINGADU

JUDGEMENT

(1.) In this appeal, the State has challenged the legality and correctness of the judgment of acquittal passed in S.C..No.l9 of 1971 by the Sessions Judge, Tumkur.

(2.) The respondent in this appeal was the accused in the sessions case. He was charged with having committed offences punishable under Ss.302 & 392 1PC. The allegation against the respondent, who will be referred to as the accused in the course of this judgment, was that in the forenoon of 24-6-1971 a Thursday when Gangamma the deceased was picking neem seeds in land bearing S.No.44 of Annenahalli in Madhugiri Taluk, Tumkur District, he, in order to rob her of ornaments MOs.11 to 14, cut her with a chopper MO. 1 and killed her and robbed her of the said ornaments. The prosecution case in brief is that the deceased Gangamma is the sister of Siddappa PW.7. PW.8 Thimmakka is the wife of PW 7. PW.10 Lakshmama and PW 11 Gangamma (a child witness) are the daughers of PWs.7 and 8. Gangamma's husband had died long back. She was residing in a separate house and not with PWs.7 and 8 and their family members, but her residence was nearby the residence of PWs.7 and 8. Gangamma the deceased was always wearing ornaments MOs.5, 6 and 11 to 14. She was maintaining herself by doing cooly work. PW.10 Lakshmarnma had about one month prior to 24-6-1971, given birth to a baby and she was in the house of PWs.7 and 8. On 24-6-1971, PW.7 Sidappa had gone to Madhugiri for some work. In the morning at about 8 A.M. or so on 24-6-1971, Gangamma proceeded to the said land and while she was going so, she talked with PW.10 who was standing at the door having her baby with her. PW.8 Thimmakka who was in the kitchen saw them talking. PW.11 Gangamma took her 10 sheep for grazing near about the said land. PWs.8 and 10 observed that Gangamma, the deceased was, as usual, wearing the above mentioned ornaments. At about noon meal time PW.11 Gangamma proceeded to return to her house in order to take meals. While so proceeding, she saw Gangamma the deceased lying dead in the said land. There was bleeding injury on her neck. PW.11 raised cries and camle to the village bawling out that Gangamma had been murdered. PW.5 A. R. Narasimha Reddy, the patel of Annenahalli heard this information from. PW.11 and also from others. He along with others proceeded to the said land and saw the dead body. He, also was aware of the fact that Gangamma the deceased always used to wear the above mentioned ornaments. At that point of time itself, he found MOs.11 to 14 were not on the body of Gangamma. They were missing. He came home and wrote his report Exhibit P5 mentioning about the incident and also describing the articles MOs. 11 to 14 which he observed and missing from the body of Gangamma the deceased. His talwar Rangappa PW. 4 was residing in Teriyur village which is about one mile away from Annenahalli village. PW.5 went on foot to Teriyur village and gave Ex.P5 to PW.4 and directed PW.4 to produce it in Kodigenahalli Police Station. PW.4 took Ex.P5 and produced it before the Station House Officer, Kodigenahalli Police Station PW.20 who registered a case, and issued FIR and sent express reports. The police took up investigation. PW.21 K. Srinivasa Rao the Circle Inspector of Police reached the spot and took up further investigation. He commenced making enquiries in the surrounding villages as to whether any person had made any attempts to dispose of the missing ornaments. In the morning of 28-6-1971 when PW.21 was making enquiries in Vengadammanahalli village, PW.17 Narasimhappa informed him that the accused had offered to pledge a pair of silver kadagas and a pair of silver anklets for a sum of Rs.20 to Rs.30 to him and that as he had no money, he did not accept that offer. This information, arcused suspicions of PW.21 against the accused. PW.21 therefore, proceeded to Parthihalli, the village of the accused and reached there by about 3-30 P.M. or so but he could not find the accused in the village. It may be mentioned here that Parthihalli is said to be a mile away from Vengadammanahalli. Then on 29-6-1971 PW.21 proceeded in a police jeep in search of the accused. He had secured a general description of the accused from PW.17. In the very same morning PW.18 Kondegowda the patel of Vengadammanahalli, PW.19 Ramaiah of Muddenahalli were proceeding together to Kadagattur village in order to purchase a pair of bulocks for PW.19. While they were so proceeding and were passing near the temple of Subramanya which is near about Parthrhalli village, they saw the accused on that road. The jeep in which PW.21 was proceeding also appeared there. The jeep was stopped on the accused being sighted. Being curious as to what was happening, PWs. 18 & 19 went up to that place and then PW.21 requested PW.19 to make search of his pockets which PW.19 did. Thereafter PW.21 searched the person of the accused and found, in the left hand side pocket of the shirt that was on th,e person of the accused, a pair of silver anklets (MO.14) and in the left side pocket of his knicker a pair of earrings (MO. 12). They were seized under the panchanama Ex.P11 to which PWs.18 and 19 attested as witnesses. Then the accused was asked to get into the jeep by PW.21 and at that point of time, the accused voluntarily stated to all these persons as per Ex.P11 a that he had given his clothes to Venkatappa PW.15 who is a resident of Annenahalli and had kept a chopper in a haystack to which place he would take these persons and produce the chopper and further that he had disposed of the gold chintaku and a silver waist belt to a person in Hindupur and would take them to that place and get those articles produced. He gave this statement in Telugu which language PW.21 knew and PW.21 recorded his statement. Then the accused took them to a land and from a haystack that was there took out a chopper (Kudugolu) MO.1. No blood stains appeared to be on MO.1 That was seized und/ar the panchanama Ex.P12. Thereafter, the accused took all these persons to the house of PW.15 Venkatappa in Annenahalli village. He (accused) asked Venkatappa to produce the clothes that he had given to him. PW.15 produced a shirt (MO. 15), a knicker (MO. 16) and a banian (MO. 17) and a towel (MO.18) which were seized under the panchanama Ex.PlS. Then PWs. 21, 18, 19 and 15 and the accused proceeded in the jeep of PW.21 to Hindupur where the accused took them to the shop of Prabhakar PW.12 who is a jeweller, The accused asked PW.12 to hand over the articles that he had sold him and PW.12 produced a gold toeki (Chintaku) MO.11, and a silver waist belt MO.13. The gold teeki MO.11 was not in single piece but had been cut into three pieces. These articles were seized under the panchanama Ex.P9. PW.14 Balasubramanyam an employee in the local Post Office was secured and examined by PW.21. PW.21 continued the investigation and after completing the same, placed the charge sheet against the accused.

(3.) The accused pleaded not guilty and put-forward a total denial in regard to each and every piece of evidence and the circumstances relied upon by the prosecution in proof of the charges against him. It is the contention of the prosecution that while Gangamma was picking neem seeds in S.No.44 of Annenahalli village, in the forenoon of 24-6-1971, this accused cut her on the neck and killed her and took away all the easily removable ornaments viz., MOs.11 to 14 leaving the kadagas MOs.5 and 6 on the body itself. He then proceeded to the house of PW.15 Venkatappa a dhobi by profession and gave him his clothes MOs.15 to 18 for washing presumably because they were stained with blood. He then enlisted the assistance of PW.15 in order to dispose of MOs.11 & 13 and accordingly the accused and PW.15 Venkatappa proceeded to Hindupur. They reached Hindupur by about 4 P.M. The accused disposed of MOs. 11 & 13 to PW.12 with the assistance of PW.15 and PW.14 Balasubramanyam, an employee in the local Post Office at Hindupur. The accused received a sum of Rs. 130 from PW.12 and both the accused and Venkatappa PW.15 attended a circus show and then a second show in a local cinema theatre and thereafter proceeded on their different ways. After a few days, the accused went to PW.17 Narasimhappa and offered to pledge MOs.12 and 14 for a sum of Rs.20 to Rs.30. He did not accept that offer. It was only on 28-6-1971 when PW.21 contacted PW.17 in the course of his investigation that PW.17 gave this information to PW.21 and PW.21 secured a tangible clue useful for unravelling the mystery of the murder of Gangamma the deceased. It is already narrated that thereafter PW21 searched for the accused and arrested him on 29-6-1971 and after completing the investigation placed the the charge sheet against him.