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1999 Supreme(Ker) 377
Judges : K.T.THOMAS,A.P.MISRA
State of Karnataka - Appellant
Versus
Yarappa Reddy - Respondent
Case No : Crl.A. No. 263 of 1994
Decided On : 10/05/1999
Advocates Appeared :
M. Veerappa; For Appellant S.B. Sanyal; Naresh Kaushik; Lalitha Kaushik; For Respondents
The main legal point established in the judgment is the importance of independently assessing the credibility of witnesses and evidence in a criminal trial, regardless of the impact of police investigation.
Headnote:
Love Affair - Criminal Law - IPC 302 - The court discussed the evidence related to the murder of Rekha and the involvement of the respondent. It highlighted the interpretation of the injuries, the credibility of witnesses, and the impact of police investigation on the court's decision.
Fact of the Case:
Rekha, a working woman, was murdered by the respondent, Yarappa Reddy, after their love affair turned sour. The respondent persuaded Rekha to accompany him to a friend's house, where he fatally attacked her with a chopper. The respondent later surrendered the blood-stained chopper to the police.
Finding of the Court:
The trial court convicted the respondent based on the evidence of the prosecution witnesses, including the host of the house where the murder occurred. However, the High Court acquitted the respondent, questioning the credibility of the witnesses and the police investigation.
Issues: The key issues revolved around the credibility of witnesses, the interpretation of the injuries, and the impact of the police investigation on the case.
Ratio Decidendi: The court emphasized the importance of scrutinizing the credibility of witnesses independently of the impact of police investigation. It also highlighted the need to assess the reactions of witnesses in a criminal trial and the limitations on contradicting a witness on collateral issues.
Final Decision: The Supreme Court allowed the appeal, setting aside the High Court's judgment and restoring the conviction and sentence passed by the trial court on the respondent.
1. A love affair got swerved to the wrong side and sank into tragedy. The female partner in the affair, as it often happens, became the victim of the tragedy. Rekha, a working woman and Yarappa Reddy, the respondent - a milk trader - were the participants in the ill-fated romantic adventure. Rekha was badly mauled to death on the morning of the Martyrs Day (30th January) of 1982 for which the respondent Yarappa Reddy was indicted by the police. Sessions court convicted him, but the High Court acquitted him. Thus the present appeal at the instance of the State by special leave.
2. Rekha was put up in a college hostel at Bangalore while she was doing her B.A. As she failed in the final examinations her father put her up in the house of a relative for prosecuting her studies. That relative's daughter Anitha (PW-8) became her friend. Respondent Yarappa Reddy was living a few yards away from the house of PW-8. Respondent developed a fascination for Rekha which in due course snowballed into a love affair. They exchanged love letters between each other. In the meantime Rekha got a job as Receptionist in a company called "Azad Coach Builders". She was later promoted as Cashier.
3. The love affair initially was on cloud nine, but as days passed it did not sail smooth. One of the love letters happened to reach Rekha's father. He took his daughter to task and wangled a promise from her that she would not do coquetry towards respondent and that she would not marry any one against the wishes of her parents.
4. But respondent was not prepared to soft pedal the affair. He continued to frequent Rekha to her chagrin and persisted with his plan to marry her. She told him of the hubbubs which took place after one of the love letters misreached and she expressed her disinclination to marry him. This recusancy was beyond his limit of forbearance. He determined either to repossess her or to finish her off.
5. Now, comes the disputed part of the story. On the day of occurrence Rekha, as usual, went to the Coach Factory by 10 A.M. Respondent went there on a motorcycle and talked to Rekha and persuaded her to go along with him to another place for continued parleys over their affair. The unsuspected lady went with him. He decoyed her to the house of PW-11 (Sharadamma) who was a family friend. Rekha was introduced to her as his would be bride. PW-11 Sharadamma presumably welcomed the choice and showed her hospitably by supplying coffee to her guests. She withdrew to her kitchen for affording the young couple undisturbed forum to carry on their chat, without knowing that a cauldron of rancour was fuming in his mind, and a blood craving chopper was twitching in his bag.
6. How the conversation turned violent is not known to anyone else except the two. At one point of time respondent whipped out a chopper form his bag and inflicted murderous blows on Rekha. She yelled out "Amma". PW-11 Sharadamma overhearing the cry rushed to the drawing room and saw Rekha lying down bleeding. Respondent suddenly turned towards PW-11 and fell on her feet with the blood-oozing chopper and prayed for pardon as he killed his fiancee. The stunned housewife remained transfixed and dump-founded. Accused then left the house with the chopper and rode away on his motorcycle.
7. Accused went to the local police station and surrendered the blood-stained chopper to PW-15 Thimmaiah, the Sub-Inspector of police who was then the Station House Officer. He gave a statement which was used as first information statement. PW-15 took the respondent back to the house of PW-11 as he offered to show the house where the dead body was lying. PW-16 Circle Inspector later arrived and held the inquest.
8. Post-mortem examination was conducted by Dr. H. A. Somaiah (PW-4) on the body of Rekha. He noted 9 ante-mortem injuries of which 4 were stab wounds and the remaining were scratches. The injury which became fatal has the following description: "An incised stab wound over the middle of the chest
