ANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal is preferred against the judgment of conviction and sentence passed by the learned Fast Track Judge at Chikmagalur in S.C.No.2 of 2009 dated 05.03.2011, convicting the appellant for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2,000/- for the offence punishable under Section 302 of the Indian Penal Code and also to undergo imprisonment for five years and to pay a fine of Rs.2,000/- with a default clause of six months imprisonment.

(2.) The brief factual matrix available from the records are that:- PW-1 by name Veeresha, who is none other than the brother of the deceased Puttamma has lodged a suspicious complaint on 24.08.2008 stating that his sister by name Puttamma was given in marriage to one Subbaiah, the younger brother of the accused Annappa. After the marriage, about three months later, the said Subbaiah died. Puttamma continued to reside in the house of the accused/appellant. It is stated that, they developed some intimacy and were living happily together. On 22.08.2008, it is stated that, Veeresha had been to the house of the accused in order to invite his sister to Gowri Festival. At that time, he did not find his sister in the house of the accused. On enquiry, the accused has not given proper answer and he has given an evasive reply and also abused the complainant. Suspecting the conduct of the accused, PW-1 went to the Police Station and lodged a complaint requesting the Police to enquire into the matter by examining the accused.

(3.) On the basis of such information, the police have started enquiring into the matter. It appears that on 02.09.2008, the police have received some information through their informants, that the accused himself has committed the murder of the deceased and buried the dead body somewhere else. On that suspicion, they called the accused to the police station and enquired into the matter and it is the further case of the prosecution that the accused has accepted the same and he has shown the dead body of the deceased where it was actually buried, which was just behind the house of his mother, in the same village. It is further case of the prosecution that the Investigating Agency requested the Assistant Commissioner for exhuming the dead body. On 05.09.2008, according to the prosecution, it is at the instance of the accused, the place of burial of the dead body was detected and exhumed. It is the case of the prosecution that, the accused took all the panch witnesses, Police as well as the Assistant Commissioner to the place where actually the dead body was buried and showed the place and thereafter, the dead body was exhumed and post-mortem was conducted and according to the Doctor's evidence and post-mortem examination report, the death of the deceased Puttamma was a homicidal death. Therefore, they have come to the conclusion that the accused is the purportor of such death. In this context, the police have examined various witnesses and also conducted spot mahazar, inquest as well as the sketch has been prepared in the spot and ultimately, Investigating Officer came to the conclusion that the accused is the person who has committed the murder of Puttamma. Therefore, they have laid a charge-sheet against the accused. The accused was arrested on 05.09.2008 and it appears that since then, the accused is in custody.