Karnataka High Court
Siddaiah @ Molle S/.O Baddaiah vs State Of Karnataka on 30 May, 2013
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30th DAY OF MAY, 2013
PRESENT
THE HON'BLE MR.JUSTICE K.SREEDHAR RAO
AND
THE HON'BLE MR.JUSTICE H.BILLAPPA
CRL.A.No.187/2009
BETWEEN:
Siddaiah @ Molle,
S/o.Baddaiah,
Major,
Residing at Huskur Village,
Kasaba Hobli,
Malavalli Taluk,
Mandya Taluk. ...Appellant
(By Sri.K.Prasanna Shetty, Adv.,)
AND:
State of Karnataka,
Represented by State
Public Prosecutor,
High Court Buildings,
Bangalore. ...Respondent
(By Sri.P.M.Nawaz, Adv.,)
*******
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This appeal is filed under Section 374(2) Cr.P.C.
praying that the Court may be pleased to set aside the
judgment and order of conviction dated 17.9.2008
passed by the Sessions Judge, Fast Track Court-I,
Mandya, in S.C.No.57/2007 convicting the
appellant/accused for the offence P/U/S.302 of IPC
and the appellant/accused sentenced to undergo life
imprisonment and pay fine of `.1,000/- in default to
undergo S.I. for three months for the offence
P/U/S.302 of IPC.
This appeal coming on for Hearing this day,
K.SREEDHAR RAO. J., delivered the following:
JUDGMENT
The material facts of the prosecution case disclose that one Kempamma is the deceased. The accused is her husband. In the wedlock, they had one child i.e., PW.4. The deceased had undergone family planning operation. The accused was unhappy for the fact that he had no scope to have a male child from the deceased. In that regard, he used to constantly 3 harass and tease her and also abused her attributing unchastity and illicit relationship. On 9.7.2006 around 4.00 p.m., PWs.1 to 3 were standing near a hotel in Huskur village. The house of the deceased was very near to the hotel. PWs.1 to 3 heard loud cries from the house of the deceased. They went to the house and noticed that the doors were locked from outside. They opened the door and inside they saw the deceased with stab injuries and in a pool of blood. The deceased informed that her husband has caused the stab injuries around 1.00 p.m. and she fell unconscious. After regaining consciousness, she cried for help and that made PWs.1 to 3 come to the scene. PWs.1 to 3 made efforts to take the deceased to the hospital for treatment, but on the way to the hospital, she succumbed to the injuries.
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2. The postmortem report discloses that the death is homicidal. The prosecution has made the case against the accused on the circumstance of motive that the accused was unhappy with the deceased as she had undergone family planning operation and attributing illicit relationship, was harassing and beating her frequently. The circumstance of oral dying declaration of the deceased, the evidence of PWs.1 to 3, the circumstance of death being homicidal as per postmortem report and the circumstance of recovery of blood stained sickle and knife at the voluntary instance of the accused. The blood stained clothing and weapons were sent to FSL. The FSL report and Serology report discloses that the bloodstains on the articles seized and the bloodstains on the weapons are of 'B' group which probables that the weapons seized 5 at the voluntary statement of the accused are the ones which were used for committing the offence.
3. In the evidence, PWs.1 to 3 have turned hostile. PW.4 the daughter of the deceased had testified to the motive. In respect of recovery, the prosecution has examined panch witnesses. The said panch witnesses have turned hostile. However, FSL report and evidence of police officer is added to prove the recovery. The Trial Court has convicted the accused for the offences punishable under section 302 of IPC, however acquitted the accused for the offences punishable U/s.498-A of IPC. The accused being aggrieved by the conviction has filed this appeal.
4. Upon thorough consideration of the facts and evidence, it discloses that the strong and vital circumstance of oral dying declaration is the only circumstance relied upon by the prosecution to prove 6 the guilt of the accused. However, PWs.1 to 3 who have testified for the circumstance of oral dying declaration have turned hostile and do not support the prosecution case. With regard to the recovery of knife, the evidence of I.O. gets support by the evidence of PW.13 who is one of the spot panch witness. The evidence discloses that the blood stained knife was found at the spot at the time of spot panch. However, the I.O. has given twist to the version and has shown that the knife is recovered on the voluntary instance of the accused after his arrest. With regard to the sickle, the FSL report shows that the sickle was not stained with blood. It obviously appears that the recovery evidence is concocted. There appears to be no credible worthy evidence to enable the Trial Judge to have convicted the accused for the grave offence U/s. 302 of IPC.
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In that view of the matter, the order of conviction is set-aside. The accused is acquitted and directed to be set at liberty forthwith, if not required to be detained in any other case.
Sd/-
JUDGE Sd/-
JUDGE Bss.