High Court Karnataka High Court

Kullaiah vs The State Of Karnataka on 11 January, 2010

Karnataka High Court
Kullaiah vs The State Of Karnataka on 11 January, 2010
Author: K.Sreedhar Rao B.Adi
on

CONVICTING THE APPELLANT/ACCUSED No.2 FOR THE
OFFENCE P/U/S 302 8: 201 R/W SEC34 OF IPC AND
SENTENCING HIM TO UNDERGO R.I. FOR LIFE (3.: TO PAY A
FINE OF RS.5,o00/- FOR THE OFFENCE P/U/S 3022*-R/W
OF IPc AND FURTHER SENTENCING HIM TO UND_E.RC~..O'~R.1
FOR A PERIOD OF 3 YEARS & TO PAY A... FI_NE'--.oF

Rs.2,000/-- AND LI) TO UNDERGO S.1 FOR A PERIOFJ---.oFr-._6' 

MONTHS FOR THE OFFENCE P/..U/S 201 R/W". 34% OF

IPC. BOTH THE SENTENCES IMPOSED ON~AC'CU_SflD"" 

SHALL RUN CONCURRENTLY.  THE 1SENTIf3NCES= IN
DEFAULT TO PAY FINE SHALL RUN SIBPARATELY; ''  'V = A

THESE APPEALS COMING ON.,_F'OR IiE}"IRl.NG _f;1"1L-ilsdj

DAY, KSREEDHAR RAO J. DEL_W"ERED 'mE..F'QLLoWINo:
.3UDGMEN_'I*_  I A 

T he material facts}-of the.'-pdfo.se,ci1tion case disclose

that done  the deceased. One
Sri «the husband of the deceased.

One_--Sri. ShiIra:U;dFa~?W2 is the son of the deceased.

" '~ ..,.,A1:$pe11a'nt "1'~.lo.l(A  Appellant No.2 [A2] are friends.

 relationship with the deceased and he had

b1"o~ugh_t '11e.I' a cow and also lent some amount by Way of

loan. "The deceased was also attending to the

""ag1'icultural work of Al. A1 insisted the deceased to

  '*"1*eturn the loan amount. The deceased refused to repay

the amount. A1 bearing grouse against deceased with



the assistance of A2, on 25.01.2004 at about 11 pm.
caused murder of the deceased by strangulation"-,and

dropped the dead body in a dry weil.

" 2. The dead body was noticed  on

27.01.2004

at 8.00 am, who

police registered a case under Secti_or1

accused is shown as ‘not ieriowri’. “-Indtheyg inquest
proceedings Al is sh.¢wn idtoi-be”~–asp ‘suspect’. In the
course of investigationwitreveais ‘thatthe deceased left

home around the accused

and around lO.30 p.m. on
25.01.0’004- she was found to be dead.

The {dead subjected to post mortem. The post

that the death is due to asphyxia

to”sti’ar1g’u.l:ation. The death is homicidal.

A1 is arrested on 05.02.2004. The

.rVui.11brelia belonging to deceased was recovered. A2 was

0 “produced before the CPI on the same day. On the basis

his voluntary statement, M09; 12 and 13 used for

dropping the dead body in the Well were recovered. The

Qfi”/,0

accused are charged for committing offences under
Sections 302, 201 r/w 34 ofIPC.

4. PW–3 who is supposed to testify

seen circumstance of the accused and deceased

together on 25.01.2004 ar0und»:’1″O…3p0 if

hostile and does not support ‘easel

6, the husband of the decVeas.e*d’, te.stifies.,t_’o t}2Ve’VVfi1otive.’V’

The medical evidence. ditsclors_e:sVV””that the “death is
homicidal. The trial court the evidence

regarding mo’tiv.ef’,’- recovery’, coiipled___vvith post mortem

reporfffvhas’ arid. for the above offences.

Accused are in .app’e.al’;’ -. ” =

RA fth’or.Q’.tJgh consideration of the evidence

‘ £llS€1QSve:S”T;i’i.a.f -the prosecution tried to establish the guilt

by””lcircu’injstantia1 evidences like motive, last seen

— ‘ circumstance, recovery, homicidal death and

aloscondence of accused. PW~3 who is supposed to

testify the last seen circumstance has turned hostile.

The recovery evidence adduced by the prosecution is

fragile and frivolous. The evidence of PW~2 does not

corroborate the fact that the deceased on 25.01.2004,
went out from house around 9.45 pm. taking umbrella

with her. The rope MO’s l2 and 13 recovered fat»sthe

incidence of A2 does not have any incriminatinlg;rriaififis.

or material to show that it was -..

dropping the dead body in the

strangulation was Well intact around oi?

deceased at the time when vvasilnciticed. The
prosecution on record_xhas’l–_onjly” esltahlished the motive

and the circumstanceof -IE1’0rVr1ic’i,dalV’_dea.th. There is no

clinching l’evidenc.el .tlo~,1’prove” the complicity of the
accused uwith ‘thefjevidence. The recovery evidence is

incredible. ‘V

V In that ‘v’i’e’vv of the matter there is no credible

tdipirove the guilt of the accused. The

convictions-f the accused is bad in law.

it The appeals are allowed. Accused are set free

uforthwith, if not required to be detained in any other

wk

case. The fine amount deposited by A2 shall be

refunded to A2.

The fee of Sri. Somashekar 1

Amicus Curiae, is fixed at Rs.7,000:[–. A’

the fee to the Amicus Curiae.

e JUDGE

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