Malleshappaa vs State Of Karnataka

4. On 21.7.2001, Inspector of Bilagi Police Station (PW-

29) received information that there was a dead body found floating in the Ghataprabha river. Immediately, he rushed to the place and found the dead body of a person near the pump house. The dead body was taken out from the river. It was found that the head and rest of the portion of the body had been severed. The body was highly decomposed and the bones were exposed. The legs of the dead body were found folded and tied with a rope. The body was tied by another rope at the place of neck also. Inspector of police (PW-29) lodged information with regard to the same and the same was registered as Crime No. 91/2001 of Bilagi Police Station for the offences punishable under Section 302 and 201 of the IPC. The First Information Report is exhibit P-23 dated 21.7.2001. Thereafter, PW-29 conducted inquest in the presence of PW-1 and 2 and sent for the medical officer to conduct the post mortem examination. Dr. Sabu Satihal, Medical Officer, KIMS, Hubli (PW-21) conducted the post mortem examination. The Medical Officer could not confirm as to whether the body was that of a male or female since the genital portion had been highly decomposed. However, there was underwear found on the body which was taken out and the body was preserved for two days for identification.

5. In the meanwhile, PW-10 along with PW-18 had gone to Kaladgi police station and lodged a complaint on 22.7.2001 inter alia alleging that her son was working as a tractor driver for about 3-4 years with the appellant and about 3 months back, her deceased son left the job on account of some disputes between them. She suspected that there was some dispute between her son and the appellant, accused Nos. 6 and 7 since they were frequently roaming around her house, making inquiries about her son. She made inquiries with her deceased son in that regard who did not respond. She apprehended that the appellant may cause harm to her son. It is further alleged that about 11 days back i.e. on 12.7.2001, herself, the deceased and Lacchavva-wife of the deceased (PW-11) were sitting in their house and at that time the appellant, accused Nos. 6 and 7 came to her and stated that they required her son in connection with digging of a borewell in the land of the appellant. The deceased refused to go but they took her son forcibly and the same was noticed by her neighbours. It was about 8.00 p.m. Thereafter, her son did not return to home. She made inquiries with the appellant who stated that he had dropped her son in the village at 11.00 p.m. Other accused also did not give any satisfactory explanation. She suspected that the said three persons might have killed her son. On the basis of the said information a case was registered by sub-Inspector(PW-28), Kaladgi Police Station as Crime no. 50/01 for the offence under Section 364 read with 34 IPC. Intimation of detection of dead body in Ghataprabha river was flashed to the neighbouring police stations and the same was received by Kaladgi police station and in furtherance of the same, PW 10 and PW-11 were taken to the place. PW-10 identified the body as that of her son Yankanna on the basis of the underwear found on the body. On 26.7.2001, appellant and accused Nos. 2 and 3 were arrested. In furtherance of the voluntary information given by the appellant, PW 29 could ascertain the places where the deceased had been taken by the appellant and other accused, who were involved in the incident as well as the place where the dead body of Yankanna had been thrown into river. Weapons of offence were also recovered on the basis of the voluntary information furnished by the appellant. As it was revealed that the incident occurred within Kaladgi limits, PW-29 submitted the entire papers on 8.8.2001 to Kaladgi Police Station for further investigation. Police Inspector of Bagalkot police station (PW-26) took up further investigation on 9.8.2001 and filed charge sheet against the appellant and accused Nos. 2 to 7 for offences punishable under Sections 143, 147, 148, 354, 302, 201 read with 149 of the IPC.

6. The accused pleaded not guilty of the charges and claimed to be tried. The prosecution, in order to establish the case, examined in all 30 witnesses. No witness was examined on behalf of the accused. The learned Sessions Judge found that the materials were not sufficient and no case was made out as against accused Nos. 2 to 5 and consequently, acquitted them of all the charges. The remaining accused namely appellant and Accused Nos. 6 and 7 were convicted for the offences punishable under Section 302 , 364, and 201 of the IPC. On appeal, the High Court allowed the appeal of accused Nos. 6 and 7 and acquitted them. The High Court dismissed the appeal of the appellant and confirmed the conviction and sentences imposed as against the appellant.

13. In the cross-examination, she stated in categorical terms that at the time of arrival of the appellant at her house, her son Yankanna was not present at home and only half an hour later he returned home and immediately the appellant took him away. Prior to the arrival of the deceased, she and the appellant and PW-11 were present in the house. The appellant took the deceased and went away. She accepted that on receipt of information about floating of a dead body in the Ghataprabha river, she went there and identified the dead body as that of her son. She did not file any complaint to the Bilagi Police Station. Bilagi Police Station took her to Kaladgi Police Station in the police jeep where she lodged Exhibit P-6.

15. PW-11 is none other than the wife of the deceased. She stated in her evidence that about 3 years ago at 8.00 p.m., appellant with two others came to her house and took away her husband with them. Thereafter, her husband did not return home. That after 7-8 days having received the information about a dead body floating in the Ghataprabha river, PW-10 and herself went and saw the dead body and found it to be of her husband. PW-10 filed the complaint to the police. According to her, appellant suspected that her deceased husband had illicit intimacy with his wife because of that, appellant and accused No.2 took her husband and committed the murder. Looking at M.O.1 first time in the court, she identified the same as underwear of her husband. It is admitted by her in the cross-examination while she was waiting in Bilagi police station, her mother-in-law (PW-

27. For all the aforesaid reasons, we hold that the prosecution did not establish the charges framed against the appellant under Sections 302, 364 and 201 IPC. The conviction and sentence awarded against the appellant is, accordingly, set aside and he is acquitted of all the charges. He is ordered to be released forthwith unless required in any other case.

28. The appeal is, accordingly, allowed.