MARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By judgment dated 17.10.2011 in S.C.No.87/2010 on the file of Fast Track Court II at Chintamani, the accused has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/-. Aggrieved by the same, the accused has preferred this appeal.

(2.) The facts which gave rise to this appeal are as under: The accused-Marappa @ Marappareddy and deceased- Lakshminarayanappa, the husband of PW.1-Smt. Susheelamma were close friends. The accused was doing rewinding work and repairing water pumps. The deceased was working with him in his work. About 15 days prior to the murder of the deceased, the deceased, his wife (PW.1) and Rathnamma (PW.5), the elder brother's wife of the deceased purchased a gold necklace and Chandrahara from a jewellary shop at Chintamani. On 10.04.2010 at about 8.00 a.m., the deceased-Lakshminarayanappa took the necklace and Chadrahara, while going to the house of his friend/the accused at Hosahudaya village in order to show the ornaments to the wife of the accused. He did not turn up. His wife (PW.1) contacted him over mobile. The deceased told that he was in the company of the accused and both of them were purchasing steel pipes at Chintamani and that he would return after some time. Throughout the said day, he did not turn up. On 11.04.2010, one Narayanaswamy (PW.2) came and informed PW.1 and her son that the dead body of her husband was lying by the side of a rock in the land of one Siraj (PW.4). Immediately, PW.1, her son (PW.15) alongwith others rushed to the spot and found the dead body of her husband with injuries and towel tied to his neck. They also found the empty beer bottles and empty sprite bottles on a rock. A complaint was given to Kencharlahalli Police Station as per Ex.P1 by PW.1. On the strength of the complaint, the police registered Crime No.47/2010 against the accused. PW.22-CPI of Chintamani Rural Police Station, who undertook the investigation proceeded to scene of occurrence, secured the presence of fingerprint experts so as to find out the fingerprints on beer bottles and sprite bottles. Thereafter, PW.22 conducted inquest panchanama Ex.P8 in the presence of panchas followed by spot panchanama as per Ex.P2, whereunder he seized the empty beer bottles, sprite bottles, chappals, lungi, stained mud, unstained mud MOs.1 to 6. The dead body was sent for post mortem examination. The police constable, who was entrusted with the dead body for post mortem examination produced the clothes found on the dead body marked as MOs-6 to 9 which were seized under mahazar Ex.P9. The accused-Marappa was arrested on 23.04.2010. On the strength of his voluntary statement, a necklace, Chandrahara and a cash amount of Rs.26,000/- were recovered from the accused under a panchanama Ex.P14. PW.22 received a post mortem report as per Ex.P15, wherein it was opined that the death was due to poisoning. He also received the report from fingerprint expert. He recorded the statement of the witnesses and after completion of all the formalities of investigation, filed charge-sheet against the accused for the offence punishable under Section 302 of IPC.

(3.) We have heard the learned counsel appearing for appellant/accused and the learned High Court Government Pleader for the State. Perused the records and the judgment and order passed by the Court below.