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N S Nagendra vs State Of Karnataka on 12 January, 2010

Karnataka High Court
N S Nagendra vs State Of Karnataka on 12 January, 2010
Author: K.Sreedhar Rao B.Adi
W042:
JUDGMENT

The material facts of the prosecution case disclosed that,
one Madhusudhan (deceased) is a boy aged about 12 years
studying in Adichunchangiri Boarding School at Belliir. One

Smt.Sujatha — PW6 is the mother of the deceased. Thiexdselceased

is deserted by a husband PW9 about seven years’

incident. The deceased is the child born-to ‘ .

with ewe. The accused developed iel:meey»i'[iiii-ad

live–in relationship with hers ‘fiLi}.fi accused the’

deceased was found to be impedim;en_t”for his”1<elatl(:€I1ship with
PW6. Therefore, he Went "to school, took the
deceased with him Vfromi'l'Belliirl tojufiotel Srirangapatna on

16.9.20f}3. -He l rlooi:rr–~.i11 -the lodge giving his name as

K.Raju, resid_encel'of Bangalore, signed the hotel

register in. the said name. The deceased and accused lived in

roor;_1li%'o:1A2..4Et–..vis stated that, accused administered a poison

who after consuming the food died. The

is _ accus~ed.Wentl"'out of the hotel around 10.30 p.m. On the next

is Vlpdayyimorning at 7.30 a.m. PW1 found through window the child

the floor. PW} lodged the complaint. The police break

is * open the door and found the child lying dead.

2. The post mortem report disclosed that, the death is on

account of respiratory failure on account of consumption of zinc

4/

-3-
phosphate «~ poison. The death is homicidal. The accused is
arrested on 5.11.2003. The accused is identified by PW} in the
Test Identification Parade conducted by PW13. The statements
of the schooi children PW3 and PW-4 is recorded. It shogwsggthat,

accused had come and took the deceased with

on the date of the incident. The accused__”

committing the offence under Section.stA3(§2,’ _g

3. PW1 supports the prosccutioncase anci.vhas’ deposed u

the effect that, accused on around’ came
with the deceased and toolérooml 1\io.i’1.2.V,.s’igned hotel register
stating his name as ofiRaj’ai_inagar, Bangalore.

heotei’fregisterfcoritaining the handwriting of the

accused andéainote’boo1:»–co’ntaining the admitted handwriting of

accusedtvwere seizedand sent to handwriting expert. The report

tha_t,.:4A’admitted handwriting in the note book, the

fiaindjxrriting in the hotel register are of the same

V — Derson. v–i5W’1:”‘ has also identified the accused in the Test

.Vident_ification Parade conducted by PW13. The schooi children

and PW4 testified to the fact that, on 16.9.2003 around

it p.II1. the accused had come and took the deceased with

” him. They have identified the accused in the Court. The accused

in the examination under Section 313 Cr.P.C. does not deny the

seizure of notebook — EX.P21 and his admitted signatures. The

«if

*AP/ ”

»W4»W

evidence of PW1 disciose that, accused and deceased iived

together at room No.12 and they were last seen together.g’–.._p

5. The prosecution report discloses that,is_

homicidal. PW6 admits her relationship with a_cc-u.sed.v aboVe..

evidence clinchingly establish the guilt of
of conviction recorded is soundand

Appeal dismissed.

   
' QFUDGE

 iiii      JUDGE

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