SURESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offences punishable under Ss. 302 and 201 of IPC on a trial held by the First Additional Sessions Judge, Gulbarga.

(2.) The facts reveal that PW -3 Devendrappa found the dead body of a female in the land of one Naganna Makka of his village and found that she was strangulated with the cable wire and therefore approached the police and submitted his complaint Ex. P -4. On receipt of the said complaint, it came to be registered by PW -17 the PSI, University Police Station and FIR was registered for the offences punishable under Sec. 302 of IPC. Inquest was held on the body of the deceased as per Ex. P -1 in the presence of PW -1, PW -4 and PW -14. The spot mahazar was held as per Ex. P -2. The dead body was kept in mortuary. A photograph was published in the newspaper on the basis of which she was identified to be the wife of PW -7 Chandrakant and mother of PW -8. PW -7, PW -8 and PW -9 the brother of the deceased and PW -5 Venkatesh approached the police. On identification of the dead body, it was revealed that the accused had illicit relationship with the deceased. The dead body was subjected to postmortem examination. The report Ex. P -13 was secured. Seized articles were sent to the experts. The hyoid bone of the deceased was examined by PW -6 and opinion Ex. P7 was obtained. On completion of the investigation, charge sheet was filed against the accused under Sec. 302 and 201 of IPC.

(3.) In the trial, the prosecution examined PW -1 to PW -19, got marked Exs. P -1 to P -14 and produced M.O.s 1 to 14. Statement of the accused was recorded under Sec. 313 Cr.P.C. No defence evidence was lead. But however, contradictions in the evidence of PW -5, PW -7 and PW9 were marked as Exs. D1 to D8. On completion of the trial, the Trial Court heard the counsel for the parties and under the impugned judgment and order, convicted the appellant for the offence punishable under Sec. 302 and 201 of IPC and ordered him to undergo imprisonment for life for the offence under Sec. 302 of IPC and to pay fine and lesser sentence was imposed for the offence under Sec. 201 of IPC.