Criminal Appeal No.931/2011,932/2011
Karnataka High Court
Bench: Hon’ble Mohan M. Shantanagoudar J., Hon’ble P.S. Dinesh Kumar J.
Date of judgment: 29th January 2015
Relevant Acts/Sections:
- Section 347(2) of Cr.P.C (When Registrar or Sub- Registrar to be deemed a Civil Court )
- Section 302 of IPC (Punishment for murder.)
- Section 34 of IPC (Acts done by several persons in furtherance)
- Section 109 of IPC (Punishment of abetment if the act abetted is committed)
- Section 162 of CrPC (Statements to police not to be signed)
Backstory
In the current case, PW.1 haacd married Smt. Nagarathna’s daughter of Lingaiah in the year 2002. She had gone to her parents’ house for delivery and delivered a baby girl. The brothers-in-law of PW.1/Complainant namely, Manjunatha (accused No.1); R.Venkatesha (accused No.3) and co-brother namely., T. Raja (accused No.4) had conveyed to PW.1 that they would not send Smt. Nagarathna to her marital home. They had suggested to PW.1 to reside along with his in-laws or in the alternative to arrange for a separate ‘house’ near the house where his in-laws resided. PW.1 declined their suggestion on the ground that his parents were aged and it was not possible to live without them. The accused had threatened that they would harm the parents of PW.1. The family members of Nagarathna informed PW.1 to meet them in the residence of PW.1’s sister Smt. Jayalakshmi on 11.7.2004.
On the said date, PW.1 along with his brother Srinivas went to his sister’s house. After waiting till 3.30 p.m., the PW.1 left the house of his sister to return to his house. He saw his father and mother being chased near the 15th Cross, Hanumanthanagar by accused No.1. The 1st accused was wielding a butcher’s knife/chopper and shouting at the second accused to catch hold of P.W.1’s father. The mother of PW.1 was running for safety to a neighbor’s house, at which point, the accused No.2 held her and accused No.1 assaulted her on the left side of her body near the ear and stomach.
After assaulting the old couple, the accused started chasing PW.1. By that time, the police arrived and with their help, the parents of PW.1 were shifted to NIMHANS Hospital. Doctors declared the mother of PW.1 dead and started treatment to the father of PW.1. However, he succumbed to the injuries by about 6.20 p.m. A complaint was lodged in the NIMHANS Hospital itself by about 6.45 p.m. before the Investigating Officer, who in turn, registered the same as Crime No.192/2004 in the Girinagar Police Station for offenses punishable under Section 302 read with Section 34 of IPC and issued an FIR. After completion of the investigation, a charge sheet was filed against accused Nos.1 to 4.
After conducting a full dressed trial, the Court below recorded a conviction against accused Nos.1 and 2 and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/-. Accused Nos.3 and 4 were acquitted.
The doctor who conducted the post-mortem of the deceased – Lakshmamma (mother of PW.1) opined that the death has occurred due to shock and hemorrhage as a result of multiple injuries found on the body. The Father of PW.1 was seized. The doctor who conducted the autopsy of the dead body of P.W.1’s father – Kalaiah and given post mortem report and opined that the death has occurred due to ‘severe’ head injury. He has also opined that the weapon seized and shown to him could because injuries found on the body of the deceased.
Postmortem Findings
The deceased – Kalaiah has sustained the following injuries:
- Lacerated wound above the lobe of the pinned of left ear extended from left mandibular region to left mastoid region 4″ x ¼ – ½” x muscle deep in mandibular mastroid region and cartilage deep in the left ear.
- Lacerated wound over the interparietal region 2″ x ¼ x skull bone-deep.
- Lacerated wound over the occipital region on 3 ½ x ½ x skull bone-deep.
- Lacerated wound over the right mandibular region, 2″ x ¼ x muscles deep extending across the pinna of the upper part of the right ear 1½ x ½ x cartilage deep.
- Sutured wound over right temporoparietal and right mastoid region 3″ in length.
- The lacerated wound was over posterior parietal region 2″ x ½ skull bone-deep.
- Sutured wound over the right mastoid and right temporal left occipital region 4″ in length.
- Lacerated wound over the left scapular region 4″ x 1″ x muscle deep.
- Lacerated wound over right scapular region 2½ x 1″ x muscle deep.
- Lacerated wound over left shoulder 1″ x ¼ x ¼” deep.
- Abrasion ½” below the right clavicle ½” x ½”.
- Abrasion over the middle part of left clavicle ¼” X ¼”.
- Feature/dislocation of right shoulder joint on palpation.
- Abrasion over dorsal as part of the middle part of right forearms 2″ X 1/4″.
- Abrasion over dorsal as part of lower right forearm 1″ above the right wrist joint 1 x ¼.
- Lacerated wound ½” above right knee 1½ x needle size x muscle deep.
The cause of death of deceased Kalaiah is due to head injury.
The deceased – Lakshmamma has sustained the following injuries:
(1) “Chop injury measuring 10 cms x 1.5 cms x skull cavity deep is present over the front of the top of the head at its left side extending from the middle of the left forehead to a point 8.8 cms above the left ear lobe over the left parietal region, obliquely placed, underneath left frontal and left parietal bone is cut. Blood effusion is present at the fractured site.
(2) Injury measuring 4.5cms x 1.5 cms x bone deep the right parietal region, at its middle placed underneath the parietal bone cut.
(3) Superficial incised injury measuring 3cms x 1 cm x 0.5 cm over the lower part of the left occipital region at its middle near the occipital hairline.
(4) Chop injury measuring 3.7 cms x 2 cms x bone deep over the left side of mandible underneath mandible cut for a length of 3 cms.
(5) Contusion measuring 3 cms x 2 cms over the right side of the chin.
(6) Diffuse contusion over the left side of the neck over an area of 10 cms x 5 cms.
(7) Chop injury – glanzing type measuring 7cms x 2cms x muscle deep over the outer aspect of the upper part of the left arm.
(8) Superficial incited injury measuring 4 cms x 1 cm x 0.5 cm over the left axillary region situated 5 cms below the left anterior axillary fold.
(9) Chop injury measuring 9cms x 1cm x bone deep over the middle of the left occipital region. Obliquely placed 8.5 cms behind the left ear underneath the occipital bone cut.
(10) Chop injury measuring 6 cms x 2 cms x bone deep back of lower part of left wrist situated 5 cms above the radial end of the left wrist underneath the radial bone cut.
(11) Incited injury measuring 7 cms x 2 cms x Tendon deep over the front of the left wrist. (Defence wound) (12) Superficial incised injury measuring 2 cms x 0.5 cms, present over the front of the root of the left thumb transversely placed. (defense wound)
(13) Superficial incised injury measuring 2 cms x 0.5 cms x 0.3 cms over the middle of the dorsum of the left hand, obliquely placed. (defense wound)
(14) Superficial incised injury measuring over the dorun of proximal phalanx of left finger each measuring 2 cms x 1 cm. (defense wound)
(15) Incised injury measuring 2 cms x 1 cm x muscle deep over the back of the middle phalanx of the left middle finger.
(16) Contusion measuring 4 cms x 5 cms over the inner aspect of lower 1/3rd of the left forearm.
(17) Stab incised injury measuring 20 cms x 9 cms x abdominal cavity deep, oblique present over the left side of chest extending into the abdominal cavity margins clean-cut, tiles downwards & forwards.
(18) Superficial incised injury present over the left scapular at its middle measures 5 cms x 0.5 cms x 0.5 cm obliquely placed.
(19) Superficial incised injury measuring 12cms x 0.5 cm x 0.5 cm over the interscapular region, vertically placed.
(20) Incised injury measuring 11cm x 0.5 cm x muscle deep, over the outer aspect of the front of the right hand.
(21) Superficial incised injury measuring 0.5 cm x 0.5 cm x 0.25 cm, over the front of proximal phalanx of the right forefinger.
(22) Contusion measuring 3 cms x 3cms over the front of a right knee.
(23) Contusion measuring 3 cms x 3 cms over the front of the upper part of the right leg.
Contusion measuring 2 cm x 2 cm over the lower part of the left knee.
The cause of the death of Lakshmamma is due to hemorrhage as a result of multiple injuries including a fracture of the parietal bone.
Judgment
The punishment provided by the trial court remained sustained. Hence, no interference was called for. Accordingly, the appeals fail and the same stand dismissed