STATE OF MYSORE Vs. MANJEGOWDA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondent of the charges under Ss.447, 302 and 392 IPC by the learned Sessions Judge, Hassan, in S.C.No.2 of 1971.

(2.) Alter the trial, the learned Sessions Judge acquitted the respondent (who will be hereinafter referred to as the accused) of the above mentioned charges, but convicted him of the offence under S.379 IPC and sentenced to suffer 18 months rigorous imprisonment. In this appeal the State has challenged the acquittal of the accused for the above mentioned charges. It may be mentioned that the accused has not filed any appeal against his conviction under S.379 IPC.

(3.) Deceased Garudamma and PW.19 Janakamma were sisters. Garudamma though married was not living with her husband but had been living with PW.19 Janakamma for the last 10 or 12 years. PW.19 Janakamma was a widow and she owned some lands. The deceased was helping PW.19 Janakamma in the management of the above said lands. The prosecution case is that on the evening of 19:11-1070 the deceased left the house of PW.19 Janakamma, stating that she would go to PW.19's land and bring the cattle. PW.8 Veeramma. on the evening in question, saw the accused who was a resident of the same village going towards the garden lands of Janakamma,. Shortly theieafter she also noticed Garudamma proceeding to her garden. PW-9 Rama stated that at about 4 P.M. he saw the accused going in the dirction of the land of Janakamma with a sickle in his hand and when questioned he told him that he was going to Janakamma's land to bring fuel. PW.7 Ranga, lyengar anotheir witness examined by the prosecution staged that on the evening in question at about 5 p.m. he saw the accused coming from the direction of the garden land of Janakamma and his face was pale. As Garudamma did not return home that evening, PW.19 Janakamma asked PW.23 Janardhana lyengar to go to the garden and find out why Garudamma had not returned. PW.23 Janardhana lyengar accompanied by some others, took a, petromax light and went to the land of Pw. 19 Janakamma and found Garudamma lying dead in the said land. She had an injury on the right eye lid and bleeding from the nose. He immediately returned to the village, went and reported the matter to PW.2 Patel Nanjegowda at about 8 or 8-30 p.m. PW.2 then, collected Kulavadies and proceeded to the land of Janakamma and found the dead body of Garudamma lying in the said land. He kept Kulavadies to watch the dead body, returned to the village and sent his report Ext. P2 through a Kulavadi to the Hassan Rural Police Station. The same was received by PW 24 SI. of Police Hassan at about 10 a.m. on 20-11-1970. He registered the case under S.302 IPC and after submitting FIR to the Court and his Superiors went to the scene of occurrence which is about 10 to 12 miles away. He held inquest over the dead body and found that there was only one gold ear ring of seven white stones on the left ear and the other ear ring was missing; there were two gold bangles on the two hands and one nose ring on the left nostril. The other jewels which were on the person of Garudamma were missing. Thereafter PW.25 CI of Police Karyappa came to the scene of occurrence and took over further investigation. He recorded the statement of PWs.2, 3, 4, 14 and 23. On 24-11-70 the Inspector examined PWs.7, 8 and 16 On 25-11-1970 the Inspector secured the accused and arrested him When he questioned the accused the accused volunteiered information as per Exts.P15(a) and P15(b) that he had kept the jewels in his house and he will produce the same. The accused took the Inspector and the panch witnesses to his house and produced a cloth bundle from the thatched roof on the eastern side of the hut. The bundle contained two Mangalyas, 1 ear ring, sixteen gold beeds and one Lakshmi Casu roped in a thread which was cut, which have been marked as MOs. 4 to 8 respectively. These articles were all tied in the cloth MO9. The accused also produced MO. 10 lungi cloth, from which this cloth plece MO.9 has been torn. All these were seized by the Inspector as per the mahazar Ext.P6. MOs.4 to 8 have been identified by PW.19 Janakamma and PW.11 Srinanga Naik. After completing the investigation the Inspector filed a charge sheet against the accused in the Court of the First Class Magistrate, Hassan.