M MALEYADRI ALIAS RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal is by the accused in S.C. No. 136 of 1993 in the court of the xxi additional sessions judge, Bangalore, convicting him for offences under sections 302 and 307, I.P.C. and imposing sentence to undergo life imprisonment and rigorous imprisonment for 3 years respectively. The appellant was charged for committing the murder of rama rao on 18-12-1992 by intentionally causing his death by hitting him with boulder stones on his head and by stabbing him on his neck punishable under Section 302, I.P.C. and for causing disappearance of the dead body of the deceased punishable under Section 201, I.P.C. he was also charged with attempting to commit murder of P.W. 37 on 19-1-1993 under Section 307, I.P.C. for abducting P.W. 37 punishable under Section 364 and for robbery for robbing P.W. 37 of her gold ornaments punishable under Section 394, I.P.C.

(2.) the case of the prosecution is that the appellant and P.W. 37 were working in sinclair t.v. factory and became intimate with each other. The appellant, while promising to secure a better jobs for her and her son deceased rama rao, took them to Bangalore without informing P.W. 24-the husband of P.W. 37. The house-hold articles of P.W. 37 were also taken along with them to Bangalore, where a house was taken on lease at agara village from c.w. 58 and his wife P.W. 25 with the help of P.W. 23 and they started living together as husband and wife. Finding that the appellant was unable to secure jobs for herself and her son, P.W. 37 was often quarrelling with the appellant. In the third week of december, 1992, the appellant left the house along with the deceased saying that he wanted to meet someone at jalahalli, the appellant alone returned at 10 p.m. and informed P.W. 37 that the deceased had gone to attend duty in an establishment, where the deceased himself secured a small job. Finding that the deceased did not return even after two days, P.W. 37 started weeping and an astrologer P.W. 16 was consulted to find out the whereabouts of the deceased. The appellant falsely told P.W. 37 that he was assured by P.W. 16 that the deceased would return after 2 or 3 days. As the deceased did not turn up, P.W. 37 asked the appellant to take her to another astrologer. So the appellant left to gunjur along with P.W. 37. On the way, while going through an eucalyptus grove at doddakannahalli, the appellant hit P.W. 37 on her face with a big boulder resulting in injuries and the appellant robbed P.W. 37 by removing her ornaments. P.w. 36 found P.W. 37 unconscious and on his furnishing information, p.w, 27-head constable of varthur police station (out post) went to the spot and removed P.W. 37 to kadugodi primary health centre, where she was treated by P.W. 11-medical officer. She was referred to victoria hospital for further treatment. On the report of P.W. 27 as per exhibit p-33, P.W. 39-the psi whitefield police station registered a case in crime No. 8/93 under Section 324, I.P.C. and submitted fir to the court as per exhibit p-35. P.w. 39 visited the scene of offence on the next day and he held panchanama as per exhibit p-32 and seized gold tali-m.o. 64 in the presence of P.W. 35, P.W. 37 was treated at the victoria hospital by P.W. 34 who issued would certificate exhibit p-31. After recording statements of P.W. 37 as per exhibit p-34, P.W. 39 submitted the second fir as per exhibit p-36 by adding the offence under Section 307, I.P.C.

(3.) on 27-12-1992, P.W. 1 went to gangammanagudi police station in the night and gave a report at 11 p.m. in exhibit p-1 stating that he found a dead body of a male person in an old septic tank in the land of one kempanna with injuries on the face and neck. P.w. 31, psi of gangammanagudi police station registered crime No. 156/92 under sections 302 and 201, I.P.C. and submitted fir-exhibit p-26. Investigation was continued by P.W. 40-cip, jalahalli sub-division and on the next day he held a mahazar on the spot as per exhibit p-2 and seized m.o. 1-big boulder, m.o. 2-small stone, m.o. 3-a pair of havai chappals, m.o. 4-blood stained earth and m.o. 5-unstained earth. An inquest was held as per exhibit p-3 on the dead body. The deceased was found wearing clothes m.os. 6 to 10. Inquest was held by P.W. 19 on a requisition under exhibit p-18. Six injuries were found and post-mortem report exhibit p-9 was given, opining that the death was due to shock and haemorrhage as a result of stab injuries to the neck. From the tailor mark found on the clothing of the deceased, it was found that the stiching was done by durga tailoring shop at hyderabad and with the help of the tailor-p.w. 7 and P.W. 8, it was found that the body of the deceased is that of rama rao, son of P.W. 37. The appellant was arrested by P.W. 31 on 22-1-1993. On interrogation, the appellant volunteered information as per exhibit p-37. Consequently m.os. 14 to 17 were seized under exhibit p-4 in the presence of P.W. 2. On the basis of information as per exhibit p-37, P.W. 40 seized a knife-m.o. 18 as per exhibit p-6 and also m.os. 9 to 23 which are bindi, 3 green bangle pieces and 10 broken pieces of teeth. M.os. 27 to 29 were seized from his house including m.os. 30 to 35 under exhibit p-9. M.os. 56 to 59 were recovered from the shop of P.W. 18 as per exhibit p-12. M.o. 16-silver leg chain was recovered from the house of P.W. 29 and m.o. 61-t.v. from the house of P.W. 21 under exhibit p-24. The appellant was produced before the court and after investigation P.W. 40 laid charge sheet. The learned chief metropolitan magistrate, Bangalore committed the appellant to trial to the sessions court.