LALITHA Vs. L. C. RAGHU

JUDGEMENT

(1.) These two appeals are filed by the complainant and also by the State against the judgment dated 30.03.2013 passed in S.C.No.167/2009 on the file of Principal Sessions Judge at Mandya acquitting the accused for the offences punishable under Sections 302 and 201 read with Section 34 of Indian Penal Code.

(2.) The factual matrix of the case is that the deceased Chaitra was the daughter of C.W.5 Lalitha and C.W.19 Devegowda is resident of Mayannana koppalu village, Bindiganavile Hobli, Nagamangala Taluk. The deceased was engaged for marriage with accused No.01 three months prior to the alleged incident. On 19.07.2009 at about 10:00 a.m, the accused No.1 went to the house of C.W.1 Suresh, who is the brother-in-law of the deceased in whose house she was there since 15 days prior thereto and took her on motorbike saying they would go to a temple at Sravanabelagona; thereafter, at about 4.00 PM C.W.1 received a phone call from one Kumara informing that Chaitra has died due to accident and her body was on tank bund of Agalaya in K.R. Pete Taluk. C.W.1 and others rushed to the spot, found the dead body of his sister-inlaw Chaitra. C.W.1 also noticed injuries on the dead body and further the motorbike of accused No.1 and his helmet was lying there. Further, accused Nos.2 and 3 were also there. The body was shifted to the village of the deceased. C.W.1 suspected that the injuries noticed on the body was not the result of an accident instead, must have been of homicidal. When he went to Bindiganavile police station to lodge the complaint, he was directed to approach K.R. Pete police within whose jurisdiction the body was found. Therefore, he lodged the complaint in terms of Ex.P1 with K.R.Pete police on 20.07.2009 at 03.15 p.m. and also shifted the body to mortuary of K.R.Pete Hospital.

(3.) The Police based on the complaint have registered the crime and conducted the inquest panchanama as per Ex.P11 and subjected the body for autopsy. The Police have conducted the investigation and filed charge sheet against the accused persons for the offences punishable under sections 302 and 201 read with Section 34 of Indian Penal Code. That accused No.1 committed the murder by strangulation and also hit on her head created a scene that it was a case of road accident by keeping the dead body on the road and the motor bike and helmet on road side in lying position. He also got himself admitted to S.S.M.Hospital at Hassan for the injuries purported to have sustained.