VEDAVATHI A SHETTY W/O LATE ARAVINDA KUMAR SHETTY Vs. STATE OF KARNATAKA BY CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused, being aggrieved by the judgment and order of conviction and sentence dated 27.03.2012 passed by the Presiding Officer, Fast Track Court, Udupi in Sessions Case No.41/2010. By the said judgment, the trial Court held that appellantaccused guilty of the offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment for the said offence.

(2.) The brief facts of the prosecution as per the complaint averments is that, PW1-M.Karunakar Shetty brother of the deceased filed complaint under Ex.P1 alleging that on 24-25/11/2009 during night when he was asleep in the house at Mangalore at 1.40 A.M one Suresh Poojari, President of Panchayat, Yellare Mulkadu informed him over mobile phone that Arvind Kumar Shetty, brother of the complainant sustained injury to his head and he is in the house and does not know what has to be done in the matter. Then the complainant told said Suresh Poojari to go to the house and immediately arrange the vehicle to shift him to the hospital. Thereafter, said Suresh Poojari again informed him over the phone that the brother of the complainant has sustained severe injury to the head and he has expired. Then in the morning of 25.11.2009 the complainant left from Mangalore and reached his brother's house at Yellare Mulkadu at 07.00 A.M. on the said day. Then he saw the dead body of his brother lying in the room and it was in supine position. There were bleeding injuries in the middle of the head and brain had come out. Looking to the injury sustained to the head of the deceased, the complainant suspected that somebody must have assaulted on the head of his brother and might have committed his murder. The said incident might have taken place in the intervening night of 24.11.2009 and 25.11.2009 at about 01.30 A.M. Therefore, he requested the police to conduct the investigation to ascertain who is the real culprit and take action.

(3.) On the basis of said complaint, case came to be registered in Ajekar Police Station in Crime No.32/2009 for the offence punishable under Section 302 of IPC and it was registered against unknown persons. During the course of investigation, the present appellant has been apprehended and has been implicated for the said offence.