S N MALLESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 31.07.2010 passed by Fast Track Court -III, Mayo Hall Unit, Bengaluru in S.C. No.174/2006 is appealed against by the convicted accused. The accused is charged and tried for offences punishable under Sections 302 and 201 of IPC. The trial Court convicted the accused for an offence punishable under Section 302 of IPC but has acquitted the accused of offence punishable under Section 201 of IPC.

(2.) THE case of the prosecution in brief is that the accused and deceased were working as supplier and cashier of Om Shakthi Wine Stores owned by PW.9 (Narasimhaiah); said Narasimhaiah (PW.9) was also owning another wine shop under the name and style Samudra Wine Stores; upto 23.10.2005, the deceased worked as cashier in Om Shakthi Wine Stores and at that point of time the accused was supplier in the very wine store; on 24.10.2005, the accused informed PW.9 over phone that deceased -Manjunatha @ Manjegowda has gone to his native place and hence a boy should be sent to Om Shakthi Wine Stores to work as supplier; PW.9 inturn informed PW.5 who was cashier working in Samudra Wine Stores to send a boy to Om Shakthi Wine Stores; accordingly one Ravi was sent by PW.5 to Om Shakthi Wine Stores to work as supplier; said Ravi worked in Om Shakthi Wine Stores on 24.10.2005 and on the next day he did not go to Om Shakthi Wine Stores but he went to Samudra Wine Stores for work; PW.5 thereafter deputed PW.4 to work as supplier in Om Shakthi Wine Stores and accordingly PW.4 worked in Om Shakthi Wine Stores on 25.10.2005 and 26.10.2005. It is further case of the prosecution that at night at about 10.30 p.m. on 26.10.2005, PW.4 was paid Rs.40/ - by the accused for getting parcel food; accordingly PW.4 went to Durga Hotel, wherein he met PWs.5 and 6; PW.4 informed PWs.5 and 6 that the accused is in Om Shakthi Wine Stores and that he has requested PW.4 to get the food parcel; while PW.4 was taking food, PWs.5 and 6 went to Om Shakthi Wine Stores and found that the door of the Wine Shop was closed, however T.V. as well as electric bulb were on; PWs.5 and 6 came back to the place wherein PW.4 was consuming food and informed him about aforementioned facts; thereafter PWs.4, 5 and 6 once again went to Om Shakthi Wine Stores and they tried to open shutters of the wine shop. Since they could not open the shutters of the wine shop, they requested PW.5 to enter into wine shop through rare side opening wherein exhaust fan was fixed; accordingly PW.5 entered into the wine shop through a small opening measuring 1 ft x 2 ft by removing exhaust fan and on entering wine shop found the dead body in a plastic drum; being frightened PW.5 came through the very opening of the rare side of the shop and informed PWs.4 and 6 that he saw dead body of accused -Mallesha in the wine shop; accordingly PWs.4 and 5 went to the police station; PW.4 lodged complaint as per Ex.P2 before PW.17 inspector of police attached to Banasawadi Police Station; FIR came to be prepared as per Ex.P16 and same was dispatched and Crime No.367/2005 is registered based on the complaint. So the complaint was lodged at 2.30 a.m. on 27.10.2005. Thereafter, the police came to the spot at 3.30 a.m. on 27.10.2005 and drew mahazar i.e., scene of offence as well as inquest panchanama. Ultimately, Inspector of Police -PW.17 led charge -sheet after completion of investigation.

(3.) IN order to prove its case the prosecution in all examined 17 witnesses and got marked 20 exhibits and 19 material objects. The trial Court, as aforementioned on evaluation of material on record convicted accused for an offence punishable under Section 302 of IPC and has acquitted him of the offence punishable under Section 201 of IPC.