A. NO.893(2005
-2.
AND FURTHER SENTENCING THEM TO UNDERGO MINIEUM
OF' RJ. FOR 7 YEARS FOR THE OFFENCE P/U/S 39'? R/VL3'-3 V0?
Bow THE ssmmcns ARE DIRECTED TO Rim CONCURRE§\_ITLY.VV_' ;; __ ' _
THi8 CRIMINAL APPEAL HAVING BEEN H3AR9..A1§ib.R§=;S'aRv'§iD; ._
COMING on FOR PRONOUNCEMENT OF.....JUDGMENI",'=.f1'HI$_ may
PACMMPURE. J., DELIVERED THE FOLLOWENG: '_
The appellants have chm} M gm"-,.. "£oi- the
oifenee undcr Sections '.397'. and me
sentence thereon on a trial at Mysore.
2. The of this $1 are
as under.
The Vt Manager of Gotten. Media'
Net Work = No.202, Siddarta Exmfion,
Myson: the appellants (accused before the
in the ofioe of the deccaseci. Tm
titie omen few days earlier to the incident and
t a againstthc deceased for notretusrning their
card and in that view' , it is alkgod by the
uftbn that the appellants/accused hav1ng' the prawn' us 1'!!-
thc deceased and with an intcntirm to start a
-steitxilar type of business as that of the deceased, had pwzned to
A4
A. NQ893/2005
-5-
bangle pieces, blood stained mud, door pieces, ,a
turkey towel and a c1ub{!v!0s.3 to 7, 13 and 19)--.f::'Hc-
the statements of the witnesses and"
examination, the clothes on the body
14) were produced and he seized» undgr
013 9.3.2001
, he arxttstod Ac§§u{gcid.,Vr\:o.é’ta§V§N$nj=§ngud Bus
Stand and on search, “and a gold
ring (M017) wen; Ex.P.4. On
interrogation off the voluntary
statement Ex. attesting Witnesses
to Village, showed a place
and from a bush and it was seized
under thtf: On the same day at about 5.25
J “p.m., 1V’§v”‘s”pioduccd before him and on armst and
the vohmtaxy statement of Accused No.1
(Ext? .«:};Acc1xsed No.1 led the Police and attesting
Wiihafisées é place near Harohalli Village and produced the
;MO.8 and be seized the same under the mahazax (Ex.P.9).
H V “” field, he took out the Motor Cycle beaxing No.KA«14~
also led them to Basavanapura and fiom the .
c7<
Off. A. NO.893/2305
-5-
K~ 4222 and it was seized under the mahazar
accused aiso produced the burnt pant pieces
3 buttons (M09) and it was seized 1?1ia.iA:ier’t1;e”–«¢n1a13,<~
011 11.3.2001, he further interrogated
No.2 led the Police and attesting"vޤi'i31esses'
and ficm the Roja bushcag he bench with
three keys (M024) and the mahazar
(Ex.P. 10). The sfaiie ment;;cHfV witnesses were
recorded seized under the
mahazar seized nine hill books
(IN/10.11) {under 13. He collected ail the
relevant the seized articles to the forensic
_. Vexpertsiafid the report. After the completion of the
he the chargesheet against the accused.
" .A.3.A {he trial, the prosecution led the evidence of
% 'PWs.1 tog :29 W in their evidence got marked Exs.P.1 to 13.32
MQS. to 24. The statement of the accused was recorded.
–.The;{ 11e1ve not led any defence evidence. The Tria} Court on
“–.efi1§£*eciatic;1 of the evidence on reccni convicted the
xaccusedl appellants for the offence under Sections 302 andgg
A. NO.893(2005
-3-
circumstances, the appelhnts cannot be held
ofiences charged. So also, it is his contention
delay in Iewrding the statement of
witnesses for the recovery having not A’ J se.
prosecution, the ‘l’nal’ Court thee
recovery. On these gxctmds, he the
conviction. The learned e submits that
there are strong’ iexeidence of the
prosecution and. presence of the
accused in fhe fime of the incident
and as is’ 1 – «fitness, the Tzia} Couzrt is
justifiaed He submits that the
posseseifan of the cash and golden articles has not
E the “”” “accused/appellants and therefore, in
circumstances of the accused seen in the
of a presumption arises regazding the
” the snatched axtkzles and thcrewe, he supporis
judfincnt of the ‘E’n’al Court and the convictkm of the
A ee,¢;,j%,pems_
the of the v’s’.t is also natural that due to anxiety,
V i””‘V’vand 2; ‘-Sgeavifag oflice aiongwith the Suzuki Motor Cycle of
tee A1’ As regards the identity, it is relevant to haow that
ghe accused in the day time at 10.30 a.m. and as her
V. was driven to them, due to the scream that she heaxd
V few minutes eariier, we do not think that she could forget
the identity of the persons who took this motor cycke and in that
Cfl. A. NC1893/2005
-11-
the statement of this witness was zeoonied on
after about four days of the incident and _
that the possibility of planfing suehiwtitfiess
ruled and thexefore, a serious suvspic:i4;3:!._’
evidence as trust worthy. Tng§v:¢en§¢ of
including Pw.3 reveals that were-;£:g in the
office of the deceased few ttizzviaclent. It is true
that PWJ7 had noteeeen the date of the
incident and evidence about
she having 10.30 am. as she
claims she of her house and she heard the
scream andttherefotre, five as to what happened in
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L A. NO.893(20@5
-12..
View of the matter, we (10 not think: that there is
for. the investigating agency to have an
During her statement, she has ident§;iiéd”‘tht;
stated before the pehcc having (at tlimc”
incident and they taking away is” V
cons’mtcnt with her statcncgcnt be;fcs:v.=: ‘ifizzithér there is
any omissiotn nor a we are of the
opinion that her ‘V I ” ‘
8. Now to obsczwe that the
people ” accord. to the Police
Statkén {which they witnessed, soicly
because the Police Station and the Court
” thyeu mam. fact that PWJ7 did amt approach the
the incident in our oonsidemd opinion is
not’sii¢h é to discard her evidence. Furthermore,
the takm place in a. city and the judiciai notice of
the peopk in thc city éo not desire themselves to
.i:11¥ql1:?.?:’ –in such can be infexmd. She is neither
T in the dmscd 11101′ has an adverse interest against
D? file accusad. In that View of the matter, We are cf the censidered
DC,
émpIoyé%&* by: 61¢ d
he states on the earlier day of the
V éixicjdentééxat “p.m., the deceased had called him and told that
«.Noe’.1 and 2 had come to the ofice. Though Later, he
V I» fllzjlis version, the fact that the accused were working in
i’1’v1e”e’fiiee has been satisfactorily proved from the evidence of
The prosecution evidence further reveals that the
A. :~:o.s93;2oo5
.. 15 –
gmund in the ofice. The anivai of Pwts at this
spoken to by a neighbour (PW .7). Though _
maid servant of the deceased has
pmseeution, the evidence “the
around 10.30 3.111. and this the
complement (PW.1). the
circumstance that the viatithe time, when
the death of the and they Went
on the motor cycle record and there
is , brought on
xeconi by preeeeuiiefi.
11, that Accused Nos.l and 2 were
~ in his owes has been satisfactorily
firpveri of Pws. 1, 6 and 25. PW.6 is aiso an
bé
o f’ti1e”goldc13, rings and the chain. So also,
(Pw.23) to whom the ash was sent has
Ex.P.19 and he states that the ash
the’ cloth pieces. As the recoveries of burnt cloth
at the instance of the accused, it would go to Show
‘T A V ‘ the incident the accused burnt their cbthec In cause
tne disappeaxance of the incriminating evidence. The accused
can A. N.393/2005
– ..
accused had gone to Venugopal (P’W.16) for
books (M()s.I() and 11) which proves that they_yve§’e.
the office of the deceased.
12. On the date of the tnc L’
Search was made by the Police reveals
that the golden rings and so also the
cash. The golden__r.ings _.1_1a,:i_Ie, by PW.3 as
belonging to her fi1e’The hot that the
deceased was spoken to by PW .3
in her ‘ these golden rings has
not been Witnesses, there is nothing
to disbelieye e€ridei1oe”v_oVf’.Vthe Police Inspector (PWK28) as
{he seized at the instance of the accused and
DC,
Clix A. NQ893/2005
-17..
had left the ofiee few days earlier to the incident and had an
intention to have their own 0&0: and in View otitheir
acquaintance with the deceased, the .611′
record would to show that they were in V’
establish their own office and on the’J<ihte'of the»:
caused the death and snatched' the §a1d;::;A'ai;§i*e~t,%1§e.,e
cash by causing injuries and death-teof the» the
recovery of the motor cyeiegnd the .'orneiment;§: is Within
few days i.e., less than dhayshcf a presumption
arises under 114 Act that either
they are the or the persons
who were _ .er1:ic1es. The fact that the
recovery t—-o;f five days would even go to the
extent of assugniag of the crime of mmder and
vmbberyiééh tfifvthe értieies. Scanning the evidence led by the
V. its scrutiny reveals that the strong
been brought on I'€COI'd which connect the
V VV crime. In that View of the matter, We are of the
H H " that" the Trial Court on consideration of the evidence led
gimsecution has come to a just conclusion in convicting
the—-eccused appellants for the oflence under Sections 302 and
DC
Cl}. A. NO.893[%'O5
.13..
397 xvcadwith 34 of IPC. We do not find any
the intzerfemnoe. Hcnce, we answer Point _A
and pro-0% to pass the following:
_(_)_RlI)ER ~..
The appeal is dismissed, ‘tl;_ic’ and VV
sentence awarded by thcfi A under
Sections 302 and 397 xeadvs}ith_’34 L
%%%% Judgzfe
12553
A. …..