STATE BY MUDGAL POLICE STATION Vs. MALLAPPA

JUDGEMENT

(1.) This appeal has been preferred by the State assailing the judgment and order of acquittal, dated 26.4.2010 passed by the Fast Track Court-I, Raichur, in SC.No. 62/2009.

(2.) The case of the prosecution in brief is that on 24.1.2009 at about 9.00 a.m., accused/respondent herein went to land bearing Sy.No. 152 of Vykamal Village for bringing jaali leaves for his sheep. When he was cutting the branches of the jaali tree, at that time Leshamma who was present in the land shouted at the accused "asking who he is and that she is fed up of shepherds." She came near the accused and identified him and dared him to the village. On hearing this accused hurriedly went away from that place. Remembering that he had left his axe in the said place, he came back to take the same. At that time, deceased Leshamma asked the accused as to why he returned and abused him. In response, accused with an oblique intention asked her to sleep with him, for which Leshamma further abused the accused and questioned as to how he could make such a demand for which accused became angry and assaulted Leshamma over her left knee. Out of severe pain she cried saying that she would die and as a result of the assault, she fell down. At that time, the accused disrobed her by pulling her saree and committed the offence of rape on her. Thereafter, he cut her ears along with ear-studs using a sickle and also took away Lingadakai from her person. Assuming that Leshamma is left alive she would disclose the said fact in the village, accused assaulted her on her head and left lungs with an axe and caused her death. When PW. 18 went near the land, he noticed that Leshamma had fallen down with injuries. He informed the said fact to the relatives and thereafter, he filed a complaint. On the basis of the complaint, a case was registered in Crime No. 13/2009 and after completion of investigation, charge sheet came to be filed against the accused for the offence under Section 302 of IPC.

(3.) Learned JMFC took cognizance and after following the procedure as laid down under section 207 of Cr.P.C., 1973 he committed the case to the Sessions Court. The Sessions Court after taking cognizance, secured the presence of the accused and after hearing him before charge, framed charges for offences punishable under Sections 302, 376 and 392 of the IPC to which the accused pleaded not guilty. As such, the case was set down for trial.