LAWS(KAR)-2008-4-3

YOGESHA Vs. STATE OF KARNATAKA

Decided On April 10, 2008
YOGESHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE materials facts of the prosecution case discloses that one Meenakshi (daughter of PW2) (injured eye witness) fell in love with one Lokesh (Son of A5). PW1 (sister of Meenakshi) chastised Meenakshi for her love affair. But Meenakshi defying her parents, left the house, took shelter in the house of A1 who helped Meenakshi to elope with Lokesh and they got married.

(2.) ONE Manjamma is the deceased in the incident and she is wife of PW2. It is stated that A1 was in love with one Shashikala (PW11 " daughter of one Raju). The parents of PW11 opposed the marriage with A1 and they have lodged the complaint against A1. In that transaction PW2 has supported Raju to lodge the complaint against A1. The daughter of said Meenakshi after her marriage with A5 was not on visiting terms with PW2 and other family members.

(3.) PW1 lodged the complaint as per Ex.P1 before the police at 11.45 am. The police arrested A1 and A2 on 15.8.02 and arrested remaining accused on the same day. At the voluntary instance of A1 to A4 the choppers used for commission of offence is recovered which are marked as M.O.6 to M.O.9. The Autopsy report disclosed the deceased died on account of shock and haemorrhage as a result of multiple injuries caused by sharp edged weapons. The death is homicidal death and the injuries are ante-mortem and caused within 24 hours of the incident.