1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH/22^ND DAY OF JULY, 2021

PRESENT

THE HON’BLE MR. JUSTICE R.DEVDAS

AND

THE HON’BLE MS. JUSTICE J.M.KHAZI

CRIMINAL APPEAL No.100094/2017

BETWEEN:

STATE OF KARNATAKA

REPRESENTED BY THE

POLICE SUB-INSPECTOR,

TOWN POLICE STATION,

HUBBALLI,

THROUGH THE

ADDL. STATE PUBLIC PROSECUTOR,

ADVOCATE GENERAL OFFICE,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

..APPELLANT

(BY SRI.V.M.BANAKAR, ADDL. SPP)

AND:

RAKESH

S/O JAYANTILAL CHOPRA,

AGE: 22 YEARS,

R/O: DURGAD BAIL,

HUBBALLI.

…RESPONDENT

(BY SRI.RAVIRAJ C.PATIL, ADV.)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) &

(3) OF CR.P.C., SEEKING TO GRANT LEAVE TO APPEAL AND TO SET

ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED

27.07.2016 PASSED BY THE I ADDL. DISTRICT AND SESSIONS

R

2

JUDGE, DHARWAD SITTING AT HUBLI IN SESSIONS CASE

NO.104/2012 AND TO CONVICT THE RESPONDENT/ACCUSED FOR

THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 397, 201, 376

R/W SECTION 511 OF IPC.

THIS APPEAL COMING ON FOR FINAL HEARING AND THE

SAME HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON

29.06.2021, THIS DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:

JUDGMENT

R.DEVDAS J.:

This Criminal Appeal is filed by the State under

Section 378 (1) and (3) of the Code of Criminal

Procedure

assailing

the

judgment

and

order

of

acquittal dated 27.07.2016 passed by the I Addl.

District and Sessions Judge, Dharwad, sitting at

Hubballi, in S.C.No.104/2012.

2.

The case of the prosecution is that on

24.08.2009, Shri Omprakash, PW-1 informed the

police that his wife Smt.Roopa was found dead with

blood injuries in the bedroom. One Mr.Rajendra

Kumar (PW-11) called him on the cell phone and

informed him that his wife was unwell and therefore,

he should immediately rush back to his house.

Earlier that morning at about 10 a.m., Omprakash

3

and his wife, the deceased visited Shiva temple

situated in Medar Oni Circle of Hubballi and after

performing pooja, he dropped his wife near vegetable

market, Sarafgatti, Hubballi. Thereafter, at about

10.30 a.m., he deposited a cheque of Jain Marbles

and proceeded to Jain Marbles, Hubballi, where he

was working. On receiving a call from Rajendra

Kumar, he rushed to his house and saw the dead

body of his wife at 1.20 p.m. He noticed that her left

cheek and her left eye were swollen and that cash of

`5,30,000/-, 4 gold bangles weighing 4 tholas, 2 gold

ear rings weighing 3 grams, 2 gold rings weighing 6

grams and another sum of `12,000/- were missing

from the house. He suspected that someone had

attacked his wife with deadly weapons and committed

dacoity.

The

information

was

registered

in

Cr.No.183/2009

against

unknown

persons

for

offences punishable under Sections 302, 394, 201,

376 read with Section 511 of the Indian Penal Code.

The Police Inspector of Town Police Station, Hubballi,

summoned finger print experts and dog squad to the

4

scene of offence and requested the Taluka Executive

Magistrate, to conduct inquest panchanama. PW-29,

Jackson D’Souza, conducted the investigation in part

and then handed over the charge to PW-30, Police

Inspector. When the spot panchanama and inquest

panchanama were being conducted, it appears that

CW-17, Smt.Shakuntala saw the accused standing in

the crowd and started shouting at him that she saw

him entering the house of the deceased in the

morning wearing pink shirt and now he is wearing

white shirt.

3.

During the process of investigation, the

police collected finger prints of all the residents in

the apartment, neighbourhood and persons who were

frequenting the house like newspaper vendors, milk

vendors etc., Since CW-17 had suspected the

accused,

his

finger

prints

were

also

taken.

Nevertheless, the finger prints found in the house did

not match the finger prints of the accused. However,

amongst the material objects co