PARASHIVAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused being aggrieved by the judgment of conviction and order of sentence passed by the learned District and Sessions Judge, Gadag in S.C.No.21/2009 dated 29.04.2010.

(2.) We have heard the learned Amicus Curie for the appellant and the learned Addl. SPP for the respondent- State.

(3.) The genesis of the complaint is that, the complainant was working as Receptionist in Vishwa Lodge at Gadag. On 27.09.2008 at about 9.00 am he came to lodge and when he was on duty, at about 7.30 pm, a lady and a male person came there and they told that they are husband and wife and asked to give double bed room for their occupation. The complainant asked their name. The male person told his name as Shivakumar of Davanagere and wrote his name in the Lodging register. Thereafter he allotted Room No.112 to them. The male and female went inside the room. At about 10.00 pm, his colleague came and he was discharged from his duties. At that time, the complainant showed the Register and allotment of the rooms to the customers. On 28.09.2008 at about 9.30 am, the complainant joined to his duties, thereafter at about 11.30 am, the person who is in occupation of Room No.112 alone went out of the lodge. At about 12.30 noon, the room boy went to clean the room and knocked the door. But door was not opened. Then all the room boys went near the door of Room No.112 and they noticed that door was not locked from inside. They pushed the door and went inside and found that the lady was sleeping facing towards the ground and the blanket was covered over her body. After seeking her face, the complainant and his colleagues got confirmed that the said lady was no more and the person who has come along with her was not there. They also noticed her neck was tied with plastic wire and she has been murdered. Her clothes were stained with blood. After confirming that it was murder of that lady, he went and filed the complaint. On the basis of the complaint, a case has been registered. Thereafter, after investigation, charge sheet has been filed. The learned Magistrate took cognizance and committed the case to the Sessions Court. The Sessions Court took the cognizance and secured the presence of the accused, who was in judicial custody and after hearing the learned Public Prosecutor and the learned counsel for the accused, charge was prepared and read over and explained to the accused. The accused pleaded not guilty. As the accused claims to be tried, the trial was commenced.