STATE Vs. G S MOHAN

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment and order dated 22.09.2009 passed by Principal Sessions Judge, Chikmagalur in S.C.No.195/06 acquitting the respondents -accused 1 to 6 of the charges leveled against them for the offences punishable under Section 120 -B r/w Sections 302 & 109 r/w Section 302, Sections 143, 147, 148, 302, 201 r/w Section 149 of Indian Penal Code.

(2.) DURING the course of this judgment, respondents 1 to 6 herein would be referred to as accused Nos.1 to 6 the rank, which they held in the trial Court.

(3.) THE case of the prosecution in brief was; the deceased H.K.Krishnegowda alias Appugowda, husband of PW4 -Smt.Jaymamma, father of PW3 -Prathima and fatherin - law of PW1 -G.P.Honnappagowda was originally a resident of Mallandoor Village. However, after the untimely death of his son he along with his wife and children started residing in Uppahalli Village in Chikmagalur District. The deceased and PW4 had 2 daughters viz., PW3 -Prathima, deceased Pramila and a son Prakash. The said Prakash died about 15 years prior to 2006. PW3 is the wife of PW1, while the younger daughter Pramila was given in marriage to accused No.1 -G.S.Mohan. Their marriage was performed about 10 to 12 years prior to 2006. The said Pramila lived with her husband for about 1 year 9 moths after the marriage and later she committed suicide in her matrimonial home. In that regard, the deceased Krishnegowda lodged a report before the jurisdictional police alleging that his daughter Pramila committed suicide in the background of harassment and cruelty meted out to her by her husband. On the basis of such report, case came to be registered against accused No.1 and he was chargesheeted. In that case, Krishnegowda and others gave evidence against accused No.1. The child of Pramila after her death was in the custody of the grand parents. Accused No.1 filed an application before the Civil Court seeking custody of the said child and the Court had passed an order in favour of the accused No.1 for custody of the child and deceased Krishnegowda was intending to challenge the said order of the Court regarding custody of the child by filing an appeal. In this background, the accused No.1 was nurturing ill -will, towards his father -in -law -Krishnegowda. The deceased owned some coffee land at Bogase Village where he had erected a farm house for his stay whenever he visited that place. He used to visit the coffee land often and also used to stay in the farm house. Couple of days prior to 15.05.2006, the deceased had gone to coffee land in Bogase Village and was staying there. On 15.04.2006, PW9 -P.Suresh, Advocate, who had been engaged by the deceased to assist the prosecution in the sessions case against the accused No.1 and also to contest the petition filed for custody of child, telephoned to the house of the deceased in Uppalli Village and informed the family members of the deceased that the deceased should come and meet him immediately near the Court at Chikmagalur. PW3, who received the telephone, passed on the said information to her father by calling the house of Gopalagowda of Bogase Village over phone. At about 4.00 p.m. on 15.04.2006, the deceased Krishnegowda came to the house at Uppalli Village and informed his family members that he had gone to Chikmagalur and met the Advocate -PW9. By about 4.30 p.m., the deceased left Uppalli Village stating that he is proceeding to coffee land in Bogase Village. That was the last occasion when the deceased left the house, and thereafter, he did not return. At about 7.00 a.m. on 16.04.2006, PW12 -Bhaskarachari, a fertilizer dealer in Bogase Village who had supplied fertilizer to the deceased and in that connection the deceased was due some money, telephoned to the house of the deceased in Uppalli Village enquiring as to whether the deceased is available stating that he had been near the farm land on being asked to come over there for receiving payments, the deceased was not found there. However, the family members of the deceased did not take it seriously thinking that he must be in the coffee land.