IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY OF JANUARY, 20;(3.._'7._V PRESENT THE HON'BLE MRJUSTICE . 3,'
AND
THE HON’BLE MR.JUsI’1c$«sUi3HASSH–
CRIMINAL
BETWEEN: ‘ 4
Chandra Salian,
S/0 Govinda Kundar,
Age 32 yrs, 4.: ” ; _
Sh’anthi,Nagar, ” _
Padukere Village” 1 V ‘ A V”
Udupi’I’aiuk}’$; 1:?ej;s1;:_x9″i.<:'£';* » …APPELLANT
(By Sri. :%:a£-éeszéf Advdfor
Appe11antAasAmiCu$-Curiae] — ' '
AND:
State, Karnataiiadiv V
‘By its..S’tate Public Pro’s’ecutor,
‘2 High , Court . Building,
c£%aHgaicoree *
Circle ‘inspec’t-irrt of Police.
‘Udu.p”i”CirC1e;v
‘I}du§)i{}i$i1iCt. …RESP€)NDENT
Nawaz, Add}. SF?)
This Criminal Appeai under Section 374(2) Cr.P.C., by the
“-«:iAdVocate for the appellant against the judgment dated: 5.1.2066
.. passed by” the Special Judge, . Udupi District, Udupi, in
S.C.No.59/2003 and convicting the appeliant/accused for the
offence punishable under Section 392 and aiso read with
Section 397 and also under Section 302 of IPC and sentencing
him to undergo Rigorous Irnprisonrnerzt for life and shall pay a
,..3,..
M.Os.7′ to 9 were seized under mahazar. The accused is
prosecuted for committing the offence U / Ss.392, 397 & 302 IPC.
4.
The prosecution relied on the following
circumstances to prove the guilt of the accused:
1′)
ii]
iii]
._ pvpfiiv)
The PW4, PW5 and PW6 speaks to the”efffesi:tV’:
they saw the deceased going towardlsfihafnthinagarl
area on 15.5.2003 around”Zi;30 also saw 0 j
that the accused following her.» ‘They ‘fouild accused
coming from Shantinagar area at 5V.»3l0;p:,:n. He Was;
looking confused “‘gand his were
bioodstained, 3 0 it 3
The PW10 to the recovery of
M.Os.’? to 9. He thehlprjosecution case. PW3
tbfo:hefe1::;;£. the ‘–decea’sed”§identified M.0s.7 to 9 as
_belongi*ng to ‘ cl eceased.
The 113. “p_a’1’1;’h witness to the recovery of the
blood .stfainedl’*~clothes M.Os.16 and 17 and knife
M.Oi18 .supports the seizure under mahazar Ex.P.8.
ESL and the Serologist report discloses that, the
W,,_Lhbloodi_j.stains on the clothing of the accused, Knife
0 ‘aindeilon the clothing of the deceased are of ‘A’ group
pg blood.
.0 The Post Inortem report discloses that death is due
to massive haemorrhage and shock due to cut of left
carotid artery. The death is homicidal.
The prosecution explains that the injuries on the
accused is because of the scuttle at the time of
robbery and murder. The injuries on the accused
are simple in nature as per wound certificate Ex.P-4.
The Trial Court on the basis of the above circumstances
convicted the accused for the offence punishable U / Ss.
and 302 IPC. The accused is in appeal.
5. The counsel for the accused appel_lant’_:’strenuously
submitted the following circumstances to..4gat+’.sla_il’l
conviction:
i} There was still some lV’in,ore_ golti._jéwelleij{ on the
deceased. If really the=”had intention to rob,
he should have tal{e11__ gold jewellery
availableon the..pe:son. dee’eased and there
was no”««g.iinped.iment: rob the other
ava;ilable _
ii) has shown the dead
Vexarnined.
iii} .Qf1..fhe,4:accused are not explained. The
pfosecution 4ll?.a’sv.::_s’uppressed the genesis and the
H l ” mannerofl offence.
Agdiscicejljant circumstances pointed by the
connsel._ app:el.lant are flimsy. ‘l”‘ne following incriminating
prove the guilt of the accused:
(i) ” _’i17he last seen circumstance testified by PW4, PW5
if if and PW6 that accused closely following the
deceased towards Shanthinagar area and about an
hour thereafter accused alone coming out from
Shanthinagar area looking confused, tensed and
his clothing blood stained,
-5-
Recovery of M.Os.7 to 9 proved by the evidence of
PWIO and PW3.
Recovery of blood stained clothing and knit’e_trom
the accused proved by the evidence of PW *
blood stains on the clothing and _i{‘fiife-:vvoti1d’_’ta11y K”
with the blood group of the deceeeedf .’ ‘
(VJ
The order of conviction Court is
sound and proper. The appea1.Efi§_¢’_’_.Fee of Amicus
Curiae is fixed at Rs;’z,pCr00 st;;£e’eish;;11d.fpay the fee.
Sd/-*
JUDGE
Sd/-°
JUDGE
FSL report and serologists report prove’ M
The PM report shows’ that the death ‘V