Karnataka High Court
Rama @ Ramegowda vs State on 9 January, 2012
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
»~l- IN THE HIGH COURT OF KARNATAKA AT BAN GALORE DATED THIS THE 9°! DAY OF JANUARY 2012. Beas | PRESENT THE HON'BLE MR, JUSTICE MOHAN SHANTANAGOUDAR . AND ores THE HON'BLE MR. JUSTICE.V. SURI APPA RAO CRL.AL No. 24/2008 BETWEEN: | Rama @ Ramegowda S/o Shivannegowda,. nos 38 years, Vokkuxligar hy Caste, R/o Shadarahalli Village, Pandavapura Taluk, ~~. Mandya District, Cr .. Appellant. (By Sti. CN, Raju, Aav. for Sri. K. Venkataramana ea | _ Babu, Adv.) State by Pandavapura Police, Represezited. by S.P.P., High Court Buildings, mos -. "Bangalore. .. Respondent. OURT OF KARNATAKAHIGH COURT.OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT i -
(By Sri. N.S. Sampangi Ramaiah, HCGP) thick hk This Criminal Appeal ie filed under Sectian 374(2) of the Code of Criminal Procedure, praying to set aside the judgment of conviction in S.C. Special Case No.63/2002 passed by the learned Addl. Sessions and 4 COURT OF KARNATAKA HIGH COURT.OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR
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Special Judge, Mandya dated 22.01.2005 and acquit the appellant by allowing this appeal. . This CrLA. coming on for Final Hearing 1 this day ve 7 . SURI APPA RAO. J, delivered the followin: . JUDGMENT -- | The appellant filed - this appeal against the | judgment of conviction and order of sentence passed inl Special Case No. 63/2002 on the file of the Additional Sessions and Special Judge | at. Mandya, wherein the appellant wae found guilty of the offences under Section 302 IPC. and Section 5(2} ty) of the SC and ST (Prevention of Atrocities) Act, 1989 and dentenced him to undergo imprisonment for life and fine of Re.5,000/-, im default of payment of fine te undergo Rigorous Imprisonment ~. Yor six months.
2. - The prosecution case in brief is as follows - On 01.01.2002 the deceased Puttathayarmma i 7 instructed PW-19 - Srinivasa to plough her land.
- Accordingly, on 02.02.2002 at about 6.30 A.M. he went to the land of the deceased and was ploughing the land. At about 9.30 A.M. the deceased Puttathayamma on
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brought meals for him. After finishing the meals. the deceased Puttathayamma was returning to her house _ the accused came and instructed the - "deceased. oo Puttathayamma to stop at the epot iteelf and when she Was proceeding further stating that there * is nothing else left, to talk to hin, then the accused came. and got her fell down and assaulted with machu on her back and neck amd run away from the: place. "He nomed iately went near the deceased Puttathayamma who was lying in @ pool. of blood. He informed the same to PW- 19 - Chahuvaiain MS S | "who "belongs to same village. Thereafter, the incident. was informed to the Police, the Police rushed to the geene of occurrence and recorded ° the statement of PW-19, PW-22 registered a case in Crime No. "1/2002 for the offence punishable under
- Section 302 IPC and Section 3(2\vi of the SC and ST (Prevention of Atrocities] Act. PW-28--- Dy. S.P. took the : investigation and inspected the scene of offence, draw OURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT m the spot mahazar, conducted the inquest over the dead body of the deceased. After that, he arrested the accused on 05.01.2002. Based on the confession |) vel 1 COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR «4.
statement he seized the blood atained clothes and. sickle used for commission of the offence. The dead body of PW29 - CW-31 - Dr. K.C. Sanjoeva | Reddy conducted ae post-mortem examination on. the dead body of the ; . deceased at Government Hospital, Pandavapure as per Ex.P28 - Post-Mortem report he opined that the death -- of the deceased » was due to Neurogenio shock a8 a result of injury to. ae spinal chor rd and hammarohagic shock as a result of i injury to. both vertebral oratories. After completion: of the investigation, PW-27 filed charge sheet. . | Bo The trial Court framed the charge against the "ecoused under Section 302 of IPC and Section 3{2){v) of se and ST (Prevention of Atrocities) Act, 1989. The plea os > of the accused is is one of total denial. Oe : 4. In order to bring home the guilty of the accused for the aforesaid offences, the prosecution examined Ps 1 to 29 and relied on Exs.P1 to P30 and MOs 1 to
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5. During the course of cross-examination of PW-3, :
the defence got marked Ex.D1 the Statement af PW-3 at . ; io Inquest Report.
6. Considering the evidence of the prosecution witnesses, particularly the evidence of Pw. 9, who was eye witness to the inciderst 'the: leorned Additional Sessions Judge, Mendya. found the accused guilty for the offence punishable under Section 302 of LP.C. and Section 3(2)(9) of the sc and St (Prevention of Atrocities) Act, 1989 and. passed. the order of conviction and sentence,
- Te "Aggtioved by the order of conviction and sentence against hin, 'the accused has filed this appeal. _ . 6. ; wie have heard the learned Counsel for the . appellant and the learned Additional SPP and we have been taken through the evidence of the prosecution witnesses and the mnpugned pudgmient.
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9. In order to prove the fact that the deceased Puttathayamma died on homicidal the peosseiitio ds - examined PWs 9, 14, 28 and 29. . PW-9 - SB. 'Swamy 7 has stated in his evidence that he ®as present duiing :
the inquest done over the dead body of the deceased. He noticed the injury on the eck af the deceased and also above neck, left hatid found at the Pisce of incident and the clothes. of the deceased: were 2 blood steamed and the effect of ex. pt - Inquest Report prepared by the Police, |
10. Pw- 14 - Papaiah also Stated in his evidence that he was present during the inquest over the dead body of . . the d deceased by the Police. He also stated that he | noticed the injuries on the neck and on the head of the 7 decezsed. He further stated that effect of Ex.P4 - os - Inquest Report prepared by the Police, PW-28 - Jeroge Fernandis ~ Investigating Officer has stated in hie . evidence that on 02.01.2002 he received the information about the death of the deceased. He therefore, took up the panch witnesses PWs 1, 9, 14 and others. He COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT
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conducted inquest over the dead body of the deceased and prepared Ex.P4 - Inquest report. During aujiieat. | he seized blood stained clothes, mud and control faud | - (MOs1 and 2). He also recorded the statemente. af witnesses - PW-10~ Chaluvaiah M.S. and others. 11, PW-29 - Dr. TLR, Jayaram Administrative Officer, Pandavapura General Hospitel has niated in hie evidence that on 02, OL. 2002 Dr. KC. Sanjeev Reddy conducted Post mortem, examination over the dead body of the: deceased Puttathoyémme and issued Post Mortem Certificate. . Pw-29 has further stated in his evidence that the Medical Officer Dr. K.C. Sanjeev . 7 Reddy whe 'conducted Post-mortem examination had : been. to. 'ebroad for his further studies and he is | 7 acquainted with the handwriting of Dr. Sanjeev Reddy. i . He also stated as per the post-mortem report issued by / Lr Sanjeev Reddy, the deceased Puttathayammea
- sustained incised wound on the scalp in temporal area on the left side measuring 5 cms., length in parito occipital direction and two incised wound over the back \i Land i COURT OF KARNATAKA HIGH COURT: OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR «~R-
of the neck. According to post-mortem report the death of the deceased Puttathayamma was due to neuregeni: -
shock as a result of injury to spinal chord anil | hammarohagic shock as a result of mifuiy io both vertebral oratories. Thus, by the evidence of We 9, 14, ? 28 and PW-29 and Ex.P4 - Inquest Report and Ex.P28 ~ Post Mortem Examination Report, | the prosecution could able to prove that the death of deceased Puttathayamma was homicidal.
12. The next pemt for. consideration is whether the appellant was responsible for causing the death of the deceased Puttathayamma ?
i - Aceording to the prosecution, the accused was ascisting the deceased in her agricultural work and also on financial Matters. On the date of incident she
- ; > engaged PW-19 ~ Srinivasa for ploughing the land and ae : when PW-19 was ploughing the land the deceased
- Puttathayamma brought meals for him and after taking meals, PW-19 again started ploughing the land. The deceased Puttathayamma was returning to her house. |-Rd 'OURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT
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Meanwhile, the accused came and asked the deceased Puttathayamma to stop and when the decreased. wae _ take to him, the accused got hie, fell down 'and "
assaulted her with machu.
13. According to proseouti on, PW. 19 is the only eve witense to the mcident whe informed the imeident to PW-10 = Cheluveish. 'Th ic 'information was serit to the Police and the Police carne 'and recorded the statement of PW- 19 at the place of. 'incident It ia also the case of the prosecution thet the deceased Puttathayamma was elected as a Member of the Mahila Sangha. After she became 'Menaber in 'the Mahila Sangha, the accused staried haracsing the deceased and threatened her in a that: connection at the instigation of other members of me the Mahila Sangha. PWs 3, 4 snd others have lodged
- comipilaint before the Police alleging that the accused was threatening her. Therefore, the accused developed grudge against her arul waiting for an opportunity to do away her life. a \ LAL 1 COURT OF KARNATAKA HIGH COURT: OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR -16-
14. Out of the prosecution witnesses examined, Pw. 1 ~ Sakamma, mother-in-law of the deceased and FW-2 - :
Kalvanamma -- mother of the deceased, both of 'them | have stated in their evidence that after coming to 10 know - about the incident after the. 'death ef the deceased Puttathayamma, they. visited ca acen 1¢ of offence and found the injuries on head and 'neck, Their evidence indicates that the corused ¢ was assisting the deceased in her agricultural work aint aise in 2 the financial matters and the deceased became the Member of Mahila Sangha Organisation, the accused started her harassing and thres eatening "her : Therefore, the deceased lodged , . : complain egaimnt "the accused.
15 7 pu Sake the President of Mahile Sangha. She --
also stated that when the deceased was elected as a Member of the Mahila Sangha, the accused started Be : harassing her. Therefore, the deceased informed her about the conduct of the accused and other membere advised the deceased to lodge complaint. Accordingly, the deceased lodged complaint agaimst the accused. \ na 'OURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT
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PWea 4 and 5 have also atated in their evidence that the deceased became Member of the Mahila Sangha, PW | when she accepted her inability, } he approached. Pw & i:
sum of Rs.5,000/- for performing the marriage of PY-4, | PW-6 -- son of the deceased, also stated - ny his evidence that the accused Was -ansinting 'the _ deceased in agnicultural -- operations | end bis : evidence further indicates thet the accuse mode gelata against his mother. about ce Or 4 cmori nthe prior to her death. Therefore, he advised "the accused not to make any galate then the. accused. threatened him atating that he wal teach a lesson to him and ins mother. He also
- stated that after the deceased became Member of the Mahila Sangha ehe lodged complaint against the 7 a accused alleging that he is threatening her.
. 15, PW. Javara, brother of the deceased algo stated in his evidence that the accused was helping the deceased in ploughing the land. Their relationship was cordial for six months prier to the death of | COURT OF KARNATAKA HIGH COURT-OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR
-{2- Puttathayamma. His evidence shows that six months prior to the death of Puttathayamma wher he wae sleeping in the house of Puttathayamma, the accused _ came to talk to her. PW-8 ~ Swamy Gowda is related te the accused. In the evidence } he has stated that on the - date of the death of the deceased Puttatheyaruma, he went to Mysore. At about 4.96 PM, he came to Village tt te athe a i7. PW- 10 - - "Cheluvaiah has stated m his evidence that the acoused and. the deceased were not in good terms since two. months prior to the death of the deceased, He also stated in her evidence that Police came wo to the village and called him and on the basis of . the confession statement of the accused the Police | aeized the machu and clothes of the deceased in his mS presence. He also stated that the accused took them : and the Police to a land belongs to Rame Gowda and \ produced sickle and Police seized the same. The prosecution has examined PWs 11 to 13 to prove the accused made extra judicial confession about the «|[3.
commission of the offence but they have not supported the case of the prosecution with regard to the extra: -
judicial confession of the accused.
18. PW-17 - SN. Gaonlker, the Scientif iC Officer, | Forensic Science Laboratory whe has issued Ex PLO ~ FSL Report and Ex.P1 1 - Serological Report stating that the blood stains analyzed by him and the blood stains are human bloost, | Ex. Pli- - Serological Report further indicates that 'tem Hos.1 "to 4, 6, 7 and 8 are stained with human blood. ie oO Group blood. His evidence shows th iat the articles received from the Police were tallied with the sample sent by the Investigating Officer.
- "The © origin of f blood stains on the item Nos.1 to 4.4to 8 | are stain ed with human blood and they are stained with . rey Grovip hood, Thus, by the evidence of PW-17, oe clear that the blood atained clothes seized by the Police OURT OF KARNATAKAHIGH COURT. OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT 7 nd in 'the presence of PWe 10 and 6 sent for chemical analysis and they contain human blood particularly '0' blood group. The prosecution has proved that the blood stained clothes of the accused seed by the Police \ LA .
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immediately after the incident clearly indicates. the participation of the accused in the crime.
19. It is needless to mention "that: the prosecution. relying on the evidence of Pw- i9 who was an eye witness to the incident, who * was plouging the land of | the deceased at the time of the incident,
20. In the eviaence ot PW. 1, 'has leary stated that the land of. PweL and the deocaeed a are . adjacent to each other. The deceased WAR. also cultivating the land of her mother: - PW 1. 'The husvend of the deceased passed away previously. 'The accused and the deceased were not cordial Since two. months prior to the incident. The s accused was , helping the deceased in agricultural work. Two months prior to the death of the deceased, the
- deceased. lodged complaint against the accused on ~ eecount of galata. After that, the deceased and the Oe : accused were fot in good terms. There is women
- orgarisation and the deceased is aleo one of the member along with PW-3, 8 and others. On 01.01.2002 evening the deceased Puttathayammea came and \oet COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT
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requested him to plough her land. Therefore, on 02.01.2002 at about 6.45 hours he went to the bend of the deceased and was ploughing the land. At about - 9.00 A.M. the deceased brought mesls.. to him and wfter taking meala he continued. to plough the "and, > Meanwhile, the accused came and instructed the deceased to stop there, but the deceaned was proceeding by walk towards her village saying thet "what elee is there to talk with you", then: the accused felled her down and gave a 1 blow with mactns on the back side of her neck and cotnmitted the murder. On seeing the same he wert near the accused and accused ran away . from. the spot avid be noticed the oozing of blood and
- . also noticed 'that she was struggling he immediately rushed towards the village and be met one Cheluvaiah and both of them informed the villagers about the | "incident. The villagers came to the spot, by then the so deceased lost her breath. He noticed the injuries on her . neck and also on her head. The clothes of the deceased also blood stained and she was wearing purple and noticed that there was blood stains at the spot. \\ Cad 4 COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR -16-
21. He further deposed that near the spot steel carrier and steel plate were also there in which she brought the » : 4, meals to him. The Police recorded his stetemen it and obtained the signature. He also identified the, clothes of the deceased shown to him as Os Pt to > which were worn by the deceased at tthe: time af the incident
22. The learned Counsel for the apse submitted that PW-19 is \ not, an eye witness to the incident and it ig not possible for him 1 to witness the incident as the land of Puttatheyomma was the down gradation from the place where he was ploughing the land. a On the evidence of PW-19, he has categorically . stated that he has witnessed the incident from a : distance of two pieces of wet land. From the evidence of we - PWI9, it ig clear that the deceased was cultivating the 7 land of her mother-in-law( PW-1). Though witness PW- . 19 was subjected to cross-examination at length, nothing material is elicited to discard hia evidence. His evidence clearly indicates that one day prior to the ~ 17.
incident in question, deceased Puttathavamrna requested him to plough her land on the next die cl of the deceased ie., the land of Pw. 1, which wae in - sccupation of the deceased. His evidence clearly shows that at about 9.00 a.m., decease! came to her land alongwith meals for hin and ater having the meals, he etarted ploughing the' land and. when deceased was returring to the village, at ¢ that tune, _ acoused came and agked deceased to stop there "and when deceased proceeded further stating that there ia nothing ta talk to him, accused felled the deceased and assaulted her with a mache on her back side neck and other vital parts of ° . the body: resulting in her instantaneous death. The evidence of PW-19 clearly indicates that after the "incident, due to fear, he rushed to the village and | informed PW-10 and other villagers and he came back
-- : to the scene of offence alongwith villagers and found the OURT OF KARNATAKAHIGH COURT. OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT oad bod deceased lost her breath due to the injuries on the vital parts of the body. oR Gob 41 COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR ~18.~-
24, Learned counsel for the appellant submits that the accused dealt the blow on the spur of the et and _ Section 304 - lor 304 II, but not uvider Section 302 oF oe IPC. It is further submitted that there was no. intention ; | on the part of the accused to conmnit the offerice and the incident has taken place at the opur of the moment, when the deceased allo 'owed PW. 19 to. plough her land, as the accused was poking after 'the land of the deceased prior tos che incident: in queation.
25. On "the other 'land, learned HCGP Sri. Sampangi Ramaah appearing on "behalf of the State submitted | "that t the accused had intention to kill the deceased as . the deceased had lodged a complaint against the accused twa or three months prior to the incident for es "threatening her and the deceased dis-continued the aectised from doing her agricultural work and other , 'financial matters, therefore, accused bore grudge against the deceased, as she lodged the complaint against him alongwith other members eof Mahila i ~19- Sangha. On the date of incident, with an intention' to lall the deceased, the accused dealt a blow on. vital. paris - death, therefore, accused is lable to be pussiahed for the ase offence under Section 302 of IPC and. there ¢ are no. good ; . grounds to interfere with the conviction and genitence passed by the Trial Court,
26. In Vahuta Bhushan alias Velwunta Erishnan 'js. State of Damdi Nasies reported in 'AIR 1989 &C 236, the Ho n'ble. Supreme Court held when the evidence of sole withess found to 'be cogent and trustworthy, medical _ evidence is "corroborating his testimony, conviction based on such evidence is proper. 27 In the instant case, the evidence of sole eye-
- - Witness PW-19 clearly shows that the accused asked the » deceased to stop when she was proceeding towarde her oe - llage and when she did not heed to his request and OURT OF KARNATAKAHIGH COURT. OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT =
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7 proceeded further, he felled her and assaulted her with machu on her head and neck resulting in her instantaneous death. The evidence of PW-19 was fully VY ti 1 COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR = 26 « corroborated by the medical evidence Ex-P28-pont mortem report produced by the prosecution. Nothing i ike o elicited from the evidence of PW- 19 '6 speak false | _ against the accused that there was rio til-will er venezaity against the accused to implicate hi hin | in grave 'offence of murder, The evidence of prosecution witnessed clearly shows motive on the part of the accused to commit the offence ancd the eviderce or PW: 19 clay indicates that accused caine to the place-scene of offence ie., the land of the de sceased ¢ aimed with deadly weapon only with an intention to assault the 2€ deceased, when she came to the land to serve fond to , BW. 19 who was ploughing her land es! place of the accused. The evidence of other witnesses was not challenged during the course of examination with regard to motive and ill-will on the part of the accused "to commit the offence. The evidence of
-- » prosecution Witriesses clearly indicates that deceased a : had lodged a complaint against the accused two or three months prior to the incident alleging that he was threatening her on the date of she being elected as member of Mahila Sangha in the village, for which, \) Ca
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28. The entire evidence on "record. clearly indicates | _ motive on the part of the accused to. commit grave offence of murder. The" Tried. Court om proper appreciation of entire evience, on record has rightly convicted the accused for the offense under Section 302 of IPC and Section 2 3iZ) (w) of SC & ST{POA} Act. We are of the considered view 'that there are no grounds to deter with t the findings of the Triai Court. Therefore the Judgment and conviction of sentence passed by the Trial Co ourt is "hereby confirmed. Consequently, appeal fails 'and the same stands dismissed.
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JUDGE Sd/-
JUDGE *tbv/min'-