JUDGMENT

This is a State’s appeal against the judgment passed in S.C.No.36/2016 on the file of Principal District and Sessions Judge, Kodagu, Madikeri, acquitting the accused of the offences punishable under Section 302 and 301 of IPC.

2. Brief facts of the case of prosecution were that:

Deceased Smt. Mani was live-in relationship with accused. It appears, she was married to PW-9 – Ningaraju. About four years prior to the incident, deceased quarrelled with PW-9, left his company and started living with accused. Initially, accused was living at Abbur village in Arkalagudu Taluk along with deceased Smt. Mani. Both of them were serving as a coolie. Thereafter, both of them shifted to Kannive Basavanahalli Village and serving in the coffee garden of one Mr.Gundappa. There were line of houses in the said coffee garden, one of such houses was given to deceased Smt. Mani and accused; and both were residing in the said house and serving in the coffee garden of Mr. Gundappa. It appears there is a pond situated in the coffee garden of Mr. Gundappa, which was situated about 150 to 200 metres away from line houses situated in the coffee garden.

3. It is further case of prosecution that about a year prior to death of deceased Smt. Mani, she had been suffering from uterus cancer. Accused had spent more than rupees two lakhs for her treatment; inspite of that, she was not cured. Accused had provided treatment to her from Father Muller’s Hospital at Mangaluru. He had to take her frequently to the said hospital for treatment. It appears accused had spent for treatment of deceased Smt. Mani by obtaining loan from others and he did not repay the same. It appears that deceased Smt. Mani had severe stomach pain due to the cancer. Even she was unable to do coolie work as well as household work. She was requesting the accused to prepare the food for them. Due to lot of spending on treatment of Smt. Mani by obtaining loan as well as she was unable to do any work and he had to work at home also to prepare the food to both of them, he was very much frustrated and angry against the deceased Smt. Mani. Often he was thinking to murder her.

4. It appears on 10.10.2015, during the mid-night, around 12.00 hours, accused hatched a plan to murder deceased Smt. Mani and threw her body in the pond situated in the land of Mr.Gundappa. He went outside his house and verified. He found no movement of people or vehicle; even house of his neighbour was locked since they had gone to their native place. Accused thought it fit to commit the crime since there were nobody to see the same.

5. It is further case of prosecution that accused took a scarf and strangled deceased Smt. Mani with said scarf, due to suffocation, said Smt. Mani was dead. Accused took the dead body and threw it in the pond. Accused also took slippers of the deceased and kept on the stair case of the pond so that people should think that either deceased Smt. Mani was drowned in the pond accidentally or she fell in the pond to commit suicide since she had been suffering from cancer.

6. It is the further case of prosecution that on 13.10.2015, around 9.00 a.m., PW-3 – Smt. Manjula and her husband, PW-6 – Unnikrishna, who were neighbours of accused returned from their native place, they found that door of the house was locked from outside. It appears, PW-3 went near the pond and saw the slippers of deceased. PW-3 informed said fact to PW-6. In the afternoon, PW-6 found that accused was inside his house. He informed about the finding of slippers of deceased Smt. Mani on the stair case of pond and enquired accused whereabouts of deceased Smt. Mani. Accused told him that deceased Smt. Mani had gone to her parents house.

7. It is the further case of prosecution that, on 14.10.2015, around 7.00 a.m., accused met PW-6 and told that dead body of his wife (deceased Smt. Mani) was found floating in the pond. Accused lodged a complaint - Ex.P7 to Shanivara Sante Police Station, informing unnatural death of deceased Smt