STATE OF KARNATAKA Vs. SATISHA

JUDGEMENT

(1.) The judgment and order of acquittal dated 13.07.2011 passed by the Fast Track Court, Shivamogga, in S.C. No. 37/2011 is the subject matter of this Appeal filed by the State.

(2.) The case of the prosecution is brief is that, the deceased Kavitha and the accused were in love with each other since two years prior to the date of death of the deceased Kavitha; The said love affair was known to all the family members of Kavitha; PW.1 is the mother and PW.8 is the brother of the deceased Kavitha; All the family members of deceased Kavitha used to permit Kavitha to accompany the accused on special occasions like attending the marriage and other ceremonies; They used to travel together since two years; Some times, they even stayed away together for one or two days from the house, to the knowledge of the family members of Kavitha. The accused and deceased intended to marry each other. The family members of Kavitha had permitted the deceased Kavitha to marry the accused and the accused was also willing to marry Kavitha; The two brothers of Kavitha viz., PW.8 and another - Mr. Kiran Kumar were the employees under the accused; The accused was an Electrical Contractor. PW.8 and his brother -Kiran Kumar were paid wages according to their involvement in the work, by the accused; About 4 to 5 days prior to 24.05.2009, the accused came to the house of the deceased and the accused told the family members of the deceased that himself and the accused would go to Shivamogga for purchase of clothes; They left the house of the deceased on the motor cycle of the accused at 9.00 a.m., by telling the family members of Kavitha that they would return in the evening of the very day. However, at 9.30 p.m., the accused called over mobile phone of PW.8 and informed him that they would stay together in his friend's house at Shivamogga, since already night had set in and the accused had promised the family members of the deceased that they would come back together in the morning of next day. However, on the next day at about 10.30 a.m., the accused alone came to the village on the motorcycle and he told that he has left the deceased in the house of one Mr. Raju of Kalgangur village situated in Shivamogga City and that he would go back to Kalgangur village and get the deceased back to the village in the afternoon of that day. However, neither the deceased, nor the accused came back to the village subsequently. After 2 to 3 days i.e., on 24.05.2009, the dead body of the deceased was found lying in the pond of one Mr. Rudresh (PW.2). The said pond is situated in the agricultural land of PW.2 bearing Sy. No. 183/4 of Muthodu Village; Immediately, PW.2 informed about the unknown dead body to the Rural Police Station, Shivamogga; The sub -Inspector of Police (PW.13) attached to the Rural Police Station, Shivamogga, went to the scene of offence and got lifted the dead body out of the pond. The information lodged by PW.2 before the PSI (PW.13) came to be registered in UDR No. 23/2009 of Rural Police Station, Shivamogga. The dead body was subjected to inquest and Post -Mortem examination; On the very evening, the dead body was buried near the very place in front of the panchas. However, prior to burial of the dead body, the photographs of the dead body and the clothes worn viz., Chudidar Pant, top and veil were taken under inquest panchanama -Exs. P8 and the said items are marked at MOs. 1 to 3. On the basis of MOs. 1 to 3, which were seized prior to the burial of the dead body, the family members of the deceased including PWs. 1 and 8 identified the drowned dead body as that of the deceased Kavitha.

(3.) PW.1 and her family members having come to know about the aforementioned fact, after eight days of the incident, lodged an information as per Ex. P1 before the Rural Police Station, Shivamogga, which came to be registered by the Sub -Inspector of Police (PW.13) in Crime No. 247/2009 for the offences punishable under Ss. 302 and 201 of IPC against the accused and another person namely Raju. During the course of investigation of the crime, the Police seized two set of clothes and two bangles near the place of burial of the dead body. PW. 1 and her family members identified the clothes and bangles said to have been seized by the police, as that of the deceased Kavitha.