STATE OF KARNATAKA Vs. YASHODA

JUDGEMENT

(1.) The Judgment and Order of acquittal dated 26.10.2011 passed by the Sessions Judge, Udupi District, Udupi in Sessions Case No.5/2004 is called in question by the State. By the impugned Judgment, the trial Court has acquitted the accused of the offences punishable under Sections 143, 147, 148, 307, 332, 333 of IPC and under Sections 3 and 25 of the Indian Arms Act.

(2.) The case of the prosecution in brief is that five persons namely Yashoda @ Sujatha (the respondent herein), Vishnu, Ananda (both abscondees), Sumathi @ Parvathi @ Saroja @ Kamalakshi and Usha @ Hajima (both dead) came to the house of Rama Poojary (not examined) at about 7 p.m. on 16.11.2003; they requested for the shelter in the house of Rama Poojary; among them Vishnu, Ananda and Sumathi were holding guns; all the 5 persons were wearing black pants and black shirts; the family members of Rama Poojary and Rama Poojary having feared, permitted the aforementioned five persons to stay during the night intervening between 16.11.2003 and 17.11.2003; all the five persons started telling Rama Poojary and his family members that the landless poor should be protected; the Government authorities should not be permitted to evacuate the encroachers of the forest land; the encroachments made by the poor persons shall be protected etc; they even told family members of Rama Poojary that they should not hesitate to make use of the weapons for protecting their possession on encroached portions of forest land; they introduced themselves as the members of Naxalite groups. The family members of Rama Poojary as well as the aforementioned five persons dined together in the house of Rama Poojary and slept in the house of Rama Poojary; among the five persons Sumathi (deceased) was guarding the house by standing outside the house while the other persons slept inside the house. At about 3.30 a.m. on 17.11.2003 Sumathi suddenly came inside the house and told Vishnu (absconding accused) that the police have come and Vishnu should use his armed weapon i.e., gun to protect everybody; immediately thereafter, the police announced that all the five persons should surrender before them; there were exchange of gun fire between Sumathi, Vishnu, Ananda and the police; during the gun battle Sumathi lost her life. Even Usha sustained grievous injuries. Vishnu and Ananda ran away from the scene. Whereas the respondent herein namely Yashoda was hiding in the house of Rama Poojary. The police entered the house after some time and apprehended the respondent herein. In the meanwhile, respondent herein also had sustained bullet injury, which was simple in nature. The police carried the dead body of Sumathi as well as they took the injured Usha to the hospital. On the way to the hospital, Usha also expired. The respondent herein (original accused No.2), who had also sustained injuries was treated in Government General Hospital, Karkala by Dr. Nalini (PW.23); she issued the Wound Certificate of the respondent as per Ex.P32. In the meanwhile PW.2 the Police Inspector, Udupi lodged the Complaint at 7.15 a.m. on 17.11.2003 against five persons (among them two were dead and two were absconding). The complaint lodged by PW.2 came to be registered in Crime No.140/2003 by the Karkala Nagara Police Station for the offences punishable under Sections 143, 147, 148, 307, 332 r/w. 149 of IPC, Section 121(A) of IPC and Sections 3 and 25 of the Indian Arms Act. The police after completion of investigation, laid the charge sheet. Accused was charged for the offences punishable under Sections 121A, 143, 147, 148, 307, 332, 333 r/w 149 of IPC and Sections 3 & 25 of the Indian Arms Act.

(3.) In order to prove its case, the prosecution in all examined 41 witnesses; got marked 59 exhibits and 36 material objects. On behalf of the defence, DW.1 was examined and got marked Exs.D1 to D11.