A.R. CHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants (hereinafter referred to as 'accused Nos.1 and 2') were tried and convicted for offences punishable under Sections 302, 201 r/w 34 IPC in S.C.No.33/2002 on the file of Fast Track Court, Puttur in Dakshina Kannada District.

(2.) THE case of the prosecution in brief is as follows: - Accused No.2 is the wife of accused No.1. Deceased Harish Rai and accused No.2 Smt. Veena were college -mates and friends when they were studying in Government College, Uppinangadi. Their friendship continued even after marriage of accused No.2 with accused No.1. Deceased used to talk to accused No.2 quite often over telephone with which accused No.1 was not happy. There used to be quarrels between accused No.1 and accused No.2. The deceased was in financial problem. He had come to Bangalore few days prior to 18.05.2007. The deceased was in Kenchamba Lodge at Bangalore. On 18.05.1997, accused No.2 contacted deceased through her landline number and invited deceased to come to her house. Again on 19.05.1997 she talked to the deceased and called upon the deceased to come to her house at Mangalore. She also told the deceased that she was in deep trouble. In response to the telephone call from accused No.2, deceased along with one Diwakar Rai boarded Bangalore -Mangalore Bus at about 11.30 p.m. on 19.5.1997. On way, Divakar Rai, who had accompanied deceased from Bangalore got down from the bus at Uppinangadi (his native place). The deceased came to Mangalore KSRTC Bus stand from where he was picked up by accused Nos.1 and 2 in Maruthi Esteem car bearing No.KA -21 -M -1304 belonging to accused No.1 and on way deceased was murdered and his dead -body was burnt by accused Nos.1 and 2 at a place near to the house of the father of accused No.1 in Kalmadka Village of Sullia Taluk and the mortal remains were buried in a garbage pit at a distance of 100ft away from the house of the father of accused No.1 near a hillock.

(3.) AS the deceased did not come to his house even after a week and his whereabouts were not known, his mother Sundari Rai -PW1 lodged a missing complaint before Uppinangadi police station on 29.5.1997. Since no much headway was made by Uppinangadi Police, further investigation was handed over to PW -29 Dy.S.P., C.O.D. On 31.7.1997, the mother of the deceased received an anonymous letter (Ex P -1) through post containing information regarding the murder of deceased, the place of murder, the place where the dead body was burnt and mortal remains were buried. She handed over the said letter to PW -29. On 1.8.1997, on the basis of information contained in the anonymous letter, PW -29 alongwith panchas went to the place where the mortal remains of the deceased were buried. They excavated that place and found pieces of bones, wrist watch and mud mixed with ashes. They seized the same (M.Os 1 to 3) under a panchanama Ex - P3. On 6.8.1997, PSI of Uppinangadi Police Station produced Esteem car belonging to accused No.1 before PW -29, wherein he noticed blood stains and hairs on the seat of the car. They were collected and sent for Scientific examination which revealed the blood stains found in the car were of 'B' group blood. The deceased had donated blood to one Smt. Khatijamma at Dhanvantri clinic, Puttur. PW -29 secured certificate in that regard from Dhanvantri clinic wherein it was certified that the blood group of the deceased as 'B' positive. He also secured report from a Scientific Officer with regard to M.O.No.1 -bones that were seized were of a human being. Upon completion of other formalities of investigation, charge sheet was filed against both the accused for offences punishable under Sections 302, 201 r/w 34 IPC to which they pleaded not guilty and claimed trial.