SANNA ALIAS RAMAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 17.2.2011 passed by the Sessions Court, Ramanagara, in SC.No.86/2009 is called in question in this appeal by the convicted accused.

(2.) THE accused -appellant herein is tried and convicted for the offences punishable under Sections 302 and 201 of IPC. Case of the prosecution in brief is that deceased Kempamma is the wife of the accused; the marriage between them was performed 12 years prior to the incident in question; there used to be frequent quarrels between the husband and wife; elderly persons in the village used to conciliate and sort out differences in the panchayat; during the night intervening between 11.3.2009 and 12.3.2009, dead body of the deceased was found in the well situated in the land of PW.9; chappals of the deceased were found outside the well; on being informed by the villagers, PW.8, the father of the deceased came to the matrimonial house of the deceased and did not find the deceased as well as accused; after making enquiry with the villagers and the son of the couple, PW.8 along with the villagers went near the well wherein he found the dead body of the deceased; the dead body was lifted from the well; he informed the same initially to the police as per Ex.P8 which came to be registered in UDR.No.2/1989 under Section 174(c) of Cr.P.C. on 12.3.2009 at about 12.50 p.m. In the meanwhile, on getting the information from his relatives, the brother of the deceased (PW1), who was working as a driver in Bangalore, also went to the spot and saw the dead body on 12.3.2009 itself along his father i.e., PW.8. However, he did not lodge the complaint, inasmuch as his father had lodged first information which was already registered as UDR.No.2/2009. However, on the next day, i.e., on 13.3.2009, PW.1 lodged another complaint as per Ex.P1 at 3.30 p.m., which came to be registered in Crime No.18/2009, and the same contained specific allegations against the accused. The PSI (PW15) who registered the crime got prepared the FIR as per Ex.P1, and sent the same to the jurisdictional Magistrate. The police after investigation, laid the charge sheet against the accused for the offences punishable under Section 302 and 201 of IPC.

(3.) IN order to prove its case, the prosecution in all, has examined 16 witnesses and got marked 12 Exhibits and 4 Material Objects. On behalf of the defence, no evidence is let in. As aforementioned, the trial Court convicted the accused for the offences punishable under Sections 302 and 201 of IPC.