STATE BY MADDUR POLICE Vs. BOREGOWDA

JUDGEMENT

(1.) The judgment and order of acquittal dated 29.2.2012 passed by the Principal Sessions Judge, Mandya in SC. No. 146/2010 is appealed against by the State.

(2.) Case of the prosecution in brief is that the houses of the accused and the deceased are adjoining each other; there was a dispute between two families with regard to the space in which the family members of the deceased used to tether the sheep; however, accused were claiming that the said open space is belonging to them and they tried to encircle the said property by fencing the same; the quarrels used to take place between the members of two families in respect of the said space; at about 7.00 p.m. on 27.7.2009, once again the quarrel ensued between the members of the two families and in the said quarrel, the family members of the accused had allegedly assaulted the parents of the deceased, however, they had not sustained any injury; in that regard the parents of the deceased with a view to lodge a complaint in the Police Station in respect of the incident that occurred at 7.00 p.m. on 27.7.2009 went to Neelakantanahalli Village, wherein the aunt and uncle of the deceased were living; as the father of the deceased did not have worldy knowledge, the parents of the deceased wanted to take the assistance of aunt and uncle of the deceased for lodging the complaint in the Police Station; the parents of the deceased left the house on 27.7.2009 in order to go to Neelakantanahalli Village and thereafter to go to Police Station to lodge the complaint; the deceased was aged about 18 years and her younger sister Kumari Nandini (complainant) was aged about 16 -17 years; parents of the deceased while leaving their house had told the deceased that both the sisters should sleep together and the deceased should take care of her younger sister Kumari Nandini (PW.1), inasmuch as she attained puberty during the relevant point of time and therefore she had to sleep within four walls of the house; parents of the deceased did not come back during night of 27.7.2009, on the other hand, they stayed back in the house of PW.7 (aunt of the deceased) since aunt and uncle of the deceased told them that the complaint would be lodged on the next day morning before Police Station; however, the incident has taken place at about 4.00 a.m. on 28.7.2009; at about 5.30 a.m., the parents of the deceased were informed about the incident over telephone, who in turn rushed to the scene of offence and saw the dead body of their daughter.

(3.) PW.1 who is the sister of the deceased is the eye witness to the incident in question. She lodged the complaint as per Ex. P1 in Maddur Police Station, Mandya District which came to be registered in Crime No. 312/2009 for the offences punishable under Ss. 143, 147, 148, 302 r/w. Sec. 149 of IPC. Complaint came to be registered by PW.12, the Sub -Inspector of Police, Maddur Police Station and the First Information Report is sent to the jurisdictional Magistrate. PW.14, the Inspector of Police completed the investigation and laid the charge sheet.