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Karnataka High Court

State Of Karnataka By Siddapur Police ... vs A C Sudhakara S/O Chathu on 28 October, 2010

Author: K.Sreedhar Rao

Bench: K.Sreedhar Rao

IN THE HIGH COURT OF KARNATAKA, BANGALORVE':'»A.

DATED THIS THE 28TH DAY OF OCTOBER zqses ,:" 

PRESENT

THE HON'BLE MR.3USTECE K zsREE:O;TA'R R;AO_': 

AND; .
THE HON'BLE MR.Jus'TIC'E B v PI.i_\fTC\:.'.= E E
CRIMINAL APPEAL.jN'O:;97Sf2a.OE;

BETWEEN:

State of Karnata'ka_««..V __ E  VL
By SiddaptjIfPOF'i'CEt.'S;tfFfl§iVQr1--».F  E'

1 'T  _  I  APPELLANT
(By Sn': S. E|:':|'V1a'«/ani' 

AND:

 A.  ..... 
'S/0 S71. Chathu 

Aged' a_bOAaJvt'T«36»\I"eafs
CooE.i_e,' --.G0Otia_j'g.a we

E  Guyya__\/illage  '

 Siddapura  

 RESPONDENT

   Suresh and Santosh B. Bhagawat Advs.)

This Cr|.A is fifed under section 378(1) Cr.P.C. by the

 E --:'_Stat'e P.P. for the state praying that this Hon,bfe Court may be
'-._p'%eased to grant Eeave to file an apepa! against the judgment
dated 01/02/2005 in S.C. No. 36/01 on the me of the Dist. &

S.J., Kodagu, Madikeri -~ Acquitting the respondent/ Accused
for the offences P/U/Ss.302 and 324 of IPC.



of totai deniai. After hearing the prosecution and defence_,"'»t,he

learned Sessions Judge was pleased to hoEdf"th.fat.__'___'the.

prosecution has not proved the case against.._t_he,Vaccused"  

beyond reasonable doubt and that 

evidence to fink the accused tothe alleged crime'V--l.a.nd"he*nc'e, 

he has acquitted the accused. T'h'"e»tefore, the fégustatedhals filed
this appeal.  if if if

4. The prosecutiori,_in:'thisvtcase*"C~o.rir'i~Eiiie--i*iced with filing
of complaint by    of the deceased

and accused.   complaint that in his

neighborhood'. the fa»-j"c.u:set§"'iw.l.:':5_.'"residing with his family. The

accused has"'g_ot _tw'o_.'4Vina'le:'_"'_.'c~and one female children. On

  about 11.00 p.m., he heard the

A'cr_yin:g«--s_ounAdA«.of§f'amuna, the wife of Sudhakara. At that time,

himseVlf~..,anVVd~'\Vg;.;hel§r"'Vneighbours by name Rahim and Prakash

 went to"  house of accused, at that time, accused was

 his wife by means of club and his wife fell down.

 -".t'jhe""--ac'c"used has also assaulted his daughter Dhanya on her

T 'vlefteye and it started bleeding. Himself and other neighbours

 'pacified them and went to their house. On the next day

morning, at about 6.00 am. when he came out of the house,



the coupies. Then they went back to their respective houses.

"i'he daughter of the accused was also injured. 

has assaulted his daughter also. On the 

the son of the deceased by name Vira;.odhd_ini§o'rme'd* 

his mother has died. ' g

7. PW2 -- Ramesh is   is
the certificate issued by  occupation
of the accused in house    A 

8. PW3   of deceased

and accusvedrn   befowrev the Court that she was
staying alohngw-ith 'herdAZ_rn_oth:e'i=»«.'a"nd father. She has deposed

that herfather"a_ssau.i~ted. her mother Yamuna by means of

sI..tick"i-_susoec'ti'ng her fidelity and her mother

succumibeciftoi thehirjguries.

91-  -- K Mohammed is the witness to the

ieiprwesentce ofdead body in the house of accused. He has stated

4'_that._Vo'n-the next day morning, Yamuna was bleeding and her

it luuciotiaies were stained with biood. There were injuries on the

i"f'ace and head of the deceased Yamuna when he saw her at

about 7.00 am on the next day morning. He has stated that



because of the unbearabie i|i~treatment and torture givent.by

her husband, Yamuna had gone to her parentai:i'uou'se'__!'on:e..,

year prior to the present incident and thereafter_sh:e.Vha.d' conned  i 

back. He has identified the stick used 

offence.

:0. PWS -~ A v Shivan is thtreivrresident..oi"'raf'-housemwhich

is 100 feet away from the'~~houseeeeeoett-Idece-apsed. he came to
know about the death of decea_se'd'land.-~«tihefea'fter he went to
the house of deceased. :=__i-iei;  the iI|--treatment

given by the 2'-'ccu:s'e»d""t'o hi's3]wi'rie.deceased Yamuna one year

prior to the incident'f-..ii'e.o»h"as"'further stated that accused was
frequently used to_qVua_r'rei w:'i'"t_.h his wife in a drunken condition.

1&1,'  "PW6 ; .T____I?>onnappa is the police constable who

has ;car_rie..d_'the:"'F1__R to the Court at Madikeri. PW7 - K N

V Madaiah'isv.theL:--CiA'r.ciVe Inspector of Police who has obtained the

 ciarificationtregéearding injuries on the deceased as per Ex.P5

 the doctor and submitted the chargesheet after verifying

 -tb.e"i"ecoArds.



12. PW8 - A P Rajendra is the police constable""--who

carried the materials to FSL, Bangalore on the 

investigation officer.

13. PW9 - M D Sommanna isfiiiél:Head.ggco'iisia~bV:g:g'vliiigof

apprehended the accused and prodiicedgggbeforeW.4the"'=,

investigation officer. He is the lwiitiness for._sei:rure'ii;oiVVVblood
stained shirt worn by the a'crs.iised'V'a's"'pe;r 
14. PW1O - Smt.A,'B"Sa:ifasu__is_the neiglhbour who has

stated that  kinljow1-azboiditithleudeath of deceased on

the next  herllvlevvidence that accused was
SUSp€Ctin%]"i1hi5i.v\i§f€.VVY»éll:FTlbtlVE¥§llA""E18" she was talking with other

men. There us4e'dV_to' be qoarrel between husband and wife and

accused {was beating hiswife very often.

  K Kunhirama is also another neighbour

  who is-.t__he  of E><.P8 the inquest mahazar. However,

"--i.--Ti,"v'is_ti'bsequenii:l_ii, he has turned hostile. PW12 --- K G Sunil is the

  to Ex.P2 spot mahazar.

 16. PW13 - Dr.Naveen was working as Medical Officer

 Siddapur. He has conducted postmortem examination on

n4//2:,



the deceased and has found the following injuries ofnVthe

person of the deceased:

"{1} Old burnt scars over (1.) thigh (fUull_)j,:U(€:,¢(R.)'  A 

thigh 50% present.

(2) Contusion over (R): forealrnfillficm _i<:_)2cr'n  
Reddish in colour. V  ' V' 'V   
(3) Contusion present o\{er_f('F2..) 'arm .10"-Cm 5
cm reddish inVco:lbur.*'_V_   _  _
(4) Contusion present x 1 cm
Reddi_shfini~-colour.;lhf';  "_  V 
(5) Contdsion:o_ver:.:f_orehe.adjlateral to (R) eye
mea.suir.iri(ge 6'V"crn.'S<.:.'ft3  in colour.
(6)  overwfvorehead 10 cm x
   h
(7) La:erl'ateVd_'iNVoun'd;. 'present over centre of
-- .. frontal. regilonlxffi  x 0.5 cm x 1 cm Reddish
  c:o|ourH¥~"'Ci'o'ts present.
'  -v._)CLnt'«vll«acerated wound over centre of scalp 8
  x 1 cm reddish in colour
((9) ,___vCo.n.i'usion present over right occipital
"temporal region 6 cm x 2 cm reddish in
 colour
 Contusion over parietal region 3 cm x 2 cm
E reddish in colour.
(11) Abrasion over the neck (L) side 1 cm x 0.5

cm reddish in colour



(12) Contusion over (L) arm 3 cm x 2 cm reddishjhy

in colour

(13) Contusion over (L) forearm 15 cm  

reddish in coiour. _  .9 _ A
(14) Lacerated wound presentfover'ievfta_fo:{e--

4 cm x 0.5 cm x 0.5 (cm):-._Ciotsi'p.re--s.ent"

reddish in coiour. _ x V _ V ._ .
(15) Incised wound presenti'i'oy'er_€Vthe'
of hand 1 cm i3...y_5  coiour. 
(16) Lacerated wouiriti joxrierutip of ieft
index finger 1 r:m";<iji ¢r°?tr,"'9eddish""io.niieolour
(17)  the') bacik"x(R')----~~':side. Infra
  (cm reddish in
   M  
(18);Contusviorjj..::preS'eh't.. over the (R) Axiitary

region 3'=crrsqx  reddish in coiour."

 opinedflthat the injuries are ante-mortern and

 d.,ue.yi:o:'s.h_ock and hemorrhage as a result of above

 me'n~ti:or-red')'injuries"(sustained. He has further identified M01

 (anti has .o"pirie<":i that injury on the dead body of deceased

 he caused by using wooden stick M01. He has further

 --st.atei.:i"that on the same day morning, he has examined the

T  by name Dhanya aged about 8 years who had sustained

two injuries on her body which are sirripte in nature.



10

17. PW14 -- A P Gangadhara is the father of deceased.

He has stated regarding the illvtreatment given by  

to his daughter. He has further stated that  the  i 

habit of consuming alcohol or arrack and toégbigatz his 

18. PW15 -- K S Vinodh.=is__ the"'s_o'n of deceased 'jjand 

accused. He has stated regardingiifiithe' assatili---bVyi  father on
his mother on 19.12.2000'.;..y'.H«e has sta'teVd.th«at acctised had hit
his mother by means of sticVi<V_onyVh.e_r 'i)odyV.an.ciV..t'hat his mother

died due to the in;_§'Ur«i':es'of.é.ssa;ui't by .hi's"fat.hier.

19.  the Head Constable who
had accomvoaniedi PWSIVA._}~._>il<'~C"i»E§hanya to the hospital and got

treated by, theh"doctor..'.'~  - M K Shamshuddin is another

:_'j'yiiitnegg....'A:frc:m the innagei who has signed Ex.P11 seizure

ma.hazar"'_jthe police recovered the stick M01 the

i  i'».weapon44oseVd.'fo:r. the commission of offence from the house of

..    accused. 3

  PW18 --- P P Prakash is the resident of Guyya

 ...y:i'l"lagie. He has also heard the noise of deceased crying in the

 ..,_h;ouse of accused and he had gone to the house of accused on

u that night.

"x"

%



II

21. PW19 -- A G Mukunda is the younger brother of

deceased. PWZO ~-- Smt.Sarojini is the mother 
PW21 -- P B Nanaiah has registered    
Cr.l\3o.156/2000 on the complaint o'f""'o'n«e'_

20.12.2000 and conducted part of the

C858.

22. It is from the e.\}'i»:ler.'_ce.V--_of"aI_l*the.se witnesses that
the learned Sessions Juc!.ge_*--..hasA  there is no
convincing evide%ice:;1i.t'olin'k the acca.ised'*w'ith the crime and

therefore, the1e,nt1i.re.Vpros'e«c'utl_cnV:' 'case; fails and consequently,
he has actguitted  ' '2

23.  Singh, learned S.P.P and Sri.P

_.Suresh»,'f--._learned 'C'eans_e! for the r'espondent--a(:cused and

"perusedVtheentigre materials on record.

" .24;  State Public Prosecutor submits that there

VT=...__isV.overi}l:he"imihn'g evidence on record to show that deceased
Aigalccused was residing in the house on the night of the
 __a7i'1eAg§edincident. There is also evidence adduced through the

 "children of deceased and accused that accused had assaulted

the deceased on the night of offence and that the deceased



13

based on evidence on record or is contrary to the settled

principles of law, the Appellate court would 

order of acquittal. Bearing these principles.._,iri~--...rn§_ndy_ we

appreciate the evidence on record.

27. It is seen that i1>V\i*1.4__hasV".given 

immediately after he came to  'riaslldied. He
has further stated that    accused
on the night alongwith   that accused
was holding stic'l<%_":~?'*s'::if.i':}"':Vl    his wife. The

other witnesse:s__wh'o'_   VPW1 in that night also

have supported  accused was assaulting his

wife with the"--sfcilc1;.so:iiis.ar the deceased PWTLS has also

".corrobor}ated theu"e.viden:r:e of other neighbours that the

A'a_ccus'e.dV hi_mase-l.fiha_s caused injury on the deceased. Further, it

is  ut'lia_t»..the'Jaccused and deceased are residing in one

 V house lb'eca-rise' they are husband and wife and the incident has

lD"taak:e'nIpl'ace'in the night. The presence of PW 15 in the house

  aislo' natural. We do not find any infirmity or doubt in the

T "'.v:e'rsion of PW 15 who is equally related to the accused and the

deceased. In the circumstances, we have no hesitation to

hold that the prosecution has proved that the accused has



I4

caused the death of the deceased and the order of ieargned

Sessions Judge is contrary to the evidence 

Therefore, we hold that the accused is guilty of   

the murder of deceased. So far as "th'e'«r3a«,tur;e fo'f«._o:ffe:r1ce".

committed by the accused is concerned',__  hasA.stiated'::t'ii~aVt'~.

his mother and father were quarrei.,i,:n'g,with e-a_ch. this V

evidence has been corrob,o'rated,~ib'y  who have
also stated that they have heardlt-hefnoisefof"'q'~uarrel between
the husband andgwilr':e'y-_.-.  accused would
have caused without intention of
causing murdleriéiia   falis under Section 304
Part I IPCV.vxB ulhe  caused and weapon used

further e.s,tabiils'ne_s t.h'atA't.ho'u'gh there was no intention, the

C'a"ccusedi:na,dV. the knowl'e'dge that the injury caused by M01 on

theheadeAof«..t'he"eiec.eased would resuit in such injury which is

S   iikely'to%cau.se' death of deceased. Therefore, we hold that

 accus'e,d'i~is guiity of the offence under Section 304 Part I

  far as sentence is concerned, we hold that the

.  of Rigorous Imprisonment for 5 years would meet

  ends ofjustice. Therefore, we pass the following:

ORDER

a) The appeal filed by the State is allowed.

b) The order of acquittai passed by the Triai is set aide.

c) The accused is convicted punishabie under Section sentenced to undergo.4_Rigo'ro_i:s Imprivsonirneni; for a period of five years'.'v'Vi'>r"

d) Since the accused for a period of five years, said of detention is gig/e'nia;jo.e:s'et. off now imposed not surrender before the H sentence.

sd/--

JUDGE Sd/-

FUDGE * edd?§'bgn}:-