HARIJANA SUBBIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the Sessions Judge, Mercara in a case under Ss.392 r/w 397 of the IPC, whereby he has convicted the appellant for these offences and has sentenced him to undergo rigorous imprisonment for 7 years. The case of the prosecution was that the accused claimed to be a beggar by profession. He used to visit Monnangeri village and used to ask for alms from the residents of that village. Kamavva used to reside in Monnangeri village and similarly the accused visited her house on several occasions to take alms. On 5-12-1975 at about 11-30 a.m. the accused went to the house of Kamawa who was alone at that time. He asked for alms and was given 8 anna bit by Kamavva. No sooner she turned her back the accused gave several blows to her with a stick. After the stick broke into pieces, he lifted a billhook lving there. He assaulted her with that billhook and caused grievous Infuries. Thereafter the accused removed the gold chain worn by the lady and made good his escape. Kamawa raised a hue and cry. Her servants Kumara and Vasantha who were working in the coffee garden heard the cries. They came running and Kamaya narrated the incident. Thereafter these servants went to Uthaiah(PW.2) a relation of the lady. He came to the spot and saw Kamavya lying injured. She narrated the incident to him. Vasantha met Devappa soon after. He also came to the snot and and learnt about the incident from Kamawa Thereafter Vasantha was sent to fetch the husband of the lady by name Machaiah who had gone to Mercara on some business. When Machaiah was informed he took a Jeep and at once reported to the Police Station, He was; asked to bring the injured lady which he did. At about 4 p.m both Machaiah and Kamawa reached the Police Station, Mercara and instituted the FIR on the very same day. Kamawa was sent to Mercara hospital for treatment Dr. C. B.Padmavathy examined her injuries and wrote the injury report Ex.P5. She found 6 incised wounds of bigger dimension"; besides 13 incised wounds of smaller dimensions all over the parietal and occipital regions. Besides all these injuries the doctor also found haemorrhage and echvmosis on the right eye. Lower eve lid was fom. One of the incised wounds resulted in fracture of the parietal bone. The usual investigation followed and the whereabouts of the accused were not, known as he used to visit the village very often asking for alms. Three days after the incident it so happened that on 8-12-1975 Devappa noticed the accused sitting at the bus stand. He at once went to inform the Sub Inspector of Police (PW.8) Uthaiah also happened to be there at that time. The accused was immediately apprehended. He was carrying a plastic bag which was searched. The person of the accused was also searched and the gold chain was found tled In his waist thread. The gold chain was recovered and the required mahazar was written. The investigation was then entrusted to Basawaraj, CIP. The accused gave a disclosure statement before him and recovered for the police his shirt from the side of a river flowing in the village Monnangeri.

(2.) It was also subsequently found that the accused was an exconvict. This in short was the prosecution case. The accused was sent for trial before the learned Sessions Judge for the two offences under Ss.392 & 397 of the IPC. The defence was one of bare denial. Hoxvever, it was significantly admitted by the accused in his statement that his shirt was recovered near the garage situated in the village Monnangeri belonging to Machaiah the husband of the lady. However, he denied that he went to that village and committed the robbery.

(3.) The prosecution produced 9 witnesses of whom Kamavva(PW.1) was the victim of the offence. Kumara(PW.4) was the boy servant who reached the snot first and heard the narration from the lady. He went and Informed Uathaiah (FW.2) and he too went to the spot and the lady informed him about the incident. Devappa (PW.6) also came to the spot and learnt the incident from the lady. Neelamma(PW.7) came to state that the accused was found in the vicinity of Monnangeriy at that hour of the day, on 5-12-1975 and so it was inferred that he could have committed the offence. Dr. C.B.Padmavathi(PW.5) came to prove the injury certificate. Machaiah(PW.3) the husband of the lady was produced and Kamavva besides telling him the incident was brought by him to the police Station for the report. The other two witnesses Manikam (PW.8) ST of Police and Basawaraj(PW.9) CI of Police were the investigating officers. The accused did not produce any defence.