CHANDRASHEKAR @ CHANDRA NAIK S/O ANNU NAIK Vs. STATE OF KARNATAKA BY C P I , PUTTUR RURAL CIRCLE, UPPINANGADI, PUTTUR TALUK, D K DISTRICT

JUDGEMENT

(1.) The present appeal has been filed by the accused challenging the judgment and order of conviction and sentence passed by the Court of Additional Sessions Judge, Fast Track Court, Puttur, Dakshina Kannada, dated 27.04.2013/17.5.2013 in S.C.No.87/2012, whereby the accused Nos.1 and 2 were convicted and sentenced to undergo life imprisonment and to pay a fine of '5, 000/- for an offence punishable under Section 302 read with Section 34 of IPC. They were also further sentenced to undergo rigorous imprisonment for a period of four years and sentenced to pay a fine of '5, 000/- for an offence punishable under Section 201 read with Section 34 of IPC.

(2.) The facts that arises out of the complaint are that the complainant, P.Venkataramana Bhat (PW1) was a retired teacher and looking after the agricultural land. As his wife was working as Head Mistress at the Government Senior Primary School, Pernaje and as his children were not staying with him, PW1 had engaged the deceased Ratnavathi @ Sundari to work as a house maid between 8.30 a.m. to 5.30 p.m. On the day of incident, i.e. on 24.01.2012, as PW1 was to attend a function at a distant relative Vishnu Bhat Kannady's house, after having instructed Ratnavathi to look after the house PW1 left. His grandson Kiran, who had come to his house at that time also left the house with PW1. On his return by 4.00 p.m., he discovered that the latch of the door was broken. On looking around for Ratnavathi and making enquiries with the neighbour, Barry's daughter, he was told that she had seen the deceased at about 11.00 a.m. and on further searching for Ratnavathi in the estate near the lake, he spotted Ratnavathi's body floating. He also noticed blood having been littered on the mud near the lake. PW1 also noticed the handle of the spade with bloodstains in the vicinity.

(3.) The complaint states that between 11.00 a.m. and 4.00 p.m., it appears that Ratnavathi was attacked with a stick and then thrown into the lake and sought for appropriate action to be taken against the accused. The said complaint was marked as Ex.P1 and was lodged at 7.00 p.m. with the jurisdictional Police, who registered Crime No.27/2012 read with Section 302 IPC.