LAWS(KAR)-2019-10-12

STATE OF KARNATAKA Vs. CHANDRASHEKARA BABU @ CHANDRASHEKARA

Decided On October 11, 2019
STATE OF KARNATAKA Appellant
V/S
Chandrashekara Babu @ Chandrashekara Respondents

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal passed in S.C.No.1169 of 2008 dated 25.04.2013 on the file of Principal City Civil and Sessions Judge at Begaluru for the offence punishable under Section 302 of Indian Penal Code.

(2.) Brief facts of the case are: That on 16.03.2008, at about 10.30 a.m., the deceased Shireen came to the house of the accused bearing No.1217/B of 1st Main, M. C. Badavane and that the accused with an intention to get rid of the deceased Shireena due to his illicit intimacy and also to murder her picked up quarrel with her, assaulted forcibly on her face by his hands and thereafter strangulated her with veil and committed murder.

(3.) The police have registered the case at the first instance as 'UDR' (Unnatural Death Report) and thereafter, based on the post mortem report, the case was registered for the offence punishable under Section 302 of Indian Penal Code and investigated the matter. The father of the deceased lodged the complaint to the police stating that, a message was sent to the phone number of his wife from the mobile phone of the deceased stating that she has been in the above address and she is responsible for her death. The said message was brought to the notice of the complainant and both of them rushed to the spot and found the dead body of their daughter which was lying on the floor and there was a bleeding from the nose and the entire body was bluish. The bed sheet was tied to the fan and it was allowed to hang. P.W.1 called her husband, who was outside the house and immediately went to the police and informed the same. The police visited the spot and conducted the spot mahazar and also subjected the dead body for inquest and also post mortem examination. Thereafter, the accused was also apprehended after almost three months and mobile was recovered at his instance which belongs to the deceased. After completion of the investigation, the police have filed the charge sheet against the accused for the offence under section 302 of Indian Penal Code.