PADMANABHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Fast Track Court -I, Tumkur in Sessions Case No.162/2009 dated 24.2.2011, is called in question by the husband of the deceased.

(2.) CASE of the prosecution in brief is as under: - Deceased Channamma is the wife of Padmanabhaiah; after the marriage, she started living in the matrimonial home at Halenijagal village; however, she was ill treated by brothers of Padmanabhaiah, therefore, she left the said house and started residing in her parents house, which was situated in the same village; the evidence on record also reveals that Padmanabhaiah also started living with the deceased in her parental house; the deceased Channamma was working in Milk Dairy of the accused; the accused had got illicit relationship with the deceased - Channamma; the deceased had financial transactions with the accused as much as she has raised a loan of Rs.50,000/ - with the accused to perform the marriage of her elder daughter and Rs.40,000/ - at the time of construction of house of her elder brother PW.8 - Gangadharaiah; she had repaid a sum of Rs.20,000/ - to the accused but was still due a sum of Rs.70,000/ -; the accused and the deceased were living cordially; even the family members of the deceased did not have any grouse against the accused; PW.8 the elder brother of the deceased intended to perform Sathyanarayana Pooja in his house at Arashinakunte village on 13.4.2009 and he requested deceased Channamma to come to Arashinakunte on 11.4.2009; accordingly, the deceased left her parental house in the morning of 11.4.2009 to go to Arashinakunte from Halenijagal; however, the deceased did not reach the home till evening; in the evening at about 7.30 p.m., PW.8 enquired with PW.3 as to why the deceased did not go to Arashinakunte for which PW.3 replied that the deceased has left Halenijagal village in the morning itself. PW.3 is none other than the younger brother of the deceased. Thereafter, PWs.3, 8, Padmanabhaiah and others searched for Channamma. It seems PW.3 subsequently lodged a missing complaint in Dabaspete Police Station. However, no records are produced evidencing the same.

(3.) DURING the course of investigation, the presence of accused was secured and certain articles were recovered at the instance of the accused, full fledged investigation was conducted by PW.15 and charge sheet came to be filed.