HONNAMMA @ ANJALI @ PAPI Vs. STATE

JUDGEMENT

(1.) THE appellant(hereinafter referred as 'accused') was tried and convicted for offences punishable under Sections 364 and 302 IPC. Therefore, she is before this Court. We have heard Sri. G.M. Ananda, learned counsel (appointed by the Legal Service Authority) and Sri. Vijay Kumar Majage, learned Government Pleader for the State.

(2.) BEFORE adverting to appreciation of evidence and submissions made by learned counsel for parties, it is necessary to state inter -se relationship of some of the prosecution witnesses and certain facts which are not in dispute.

(3.) PW -4 Ramadas and PW -6 Smt. Manjula are the parents of deceased Swetha, a girl aged about eight years. They are natives of Govinakere, Koratagere Taluk, Tumkur District. CW -10 -Narasimhaiah is father of PW -6 Manjula and PW -7 -Sharadamma is mother of PW -6 Manjula. PW -7 Sharadamma and CW -10 Narasimhaiah are the maternal grandparents of deceased Swetha. PW - 1 Prasanna Kumar and PW -8 Raghavendra are sons of PW -7 Sharadamma and CW -10 Narasimhaiah. PW -1 and PW -8 are maternal uncles of deceased Swetha. Deceased Swetha since her age of three years was brought up in the house of her maternal grandparents at Shimoga. In the year 2005, deceased Swetha was studying in third standard in Suncity Lower Primary School at Hampinakatta road, Shimoga, which is at a distance of 200mt from the house of PW -7. Incidentally, it is necessary to state house of PW -7 is situated in an extension called Hudco Colony, Gopala, Shimoga Town. It is not in dispute that accused was working as maid servant in the house of PW -7 about three years prior to 12.3.2005.