Case Note & Summary
The appeal arises from the conviction of the appellant by the I Additional Sessions Judge and Special Judge, Shimoga, in S.C. No.95/2012 for offences under Sections 302 and 201 of the Indian Penal Code, 1860. The prosecution case, as narrated in column No.17, was that the deceased had an illicit relationship with the accused for about 12 years. In the last 5 to 6 months, the accused suspected her of infidelity and, on 02.03.2012, between 5.30 p.m. and 6.30 p.m., he took her to a eucalyptus grove in survey number 90 of Baluru Village, Shikaripura Taluk, where he hit her on the head with a stone and then pressed her neck, causing her death. He then removed the SIM card from her mobile phone, took the handset and some jewellery, and handed them to his wife to destroy evidence. The body was discovered in a decomposed state on 10.03.2012 by a police constable who had gone to the spot to verify a report of gambling. The investigation led to the arrest of the accused on 16.03.2012, and recoveries were made based on his voluntary statement. The identity of the deceased was established through a DNA test matching samples from her mother and son. The trial court accepted the prosecution case and convicted the appellant, sentencing him to life imprisonment. The appellant filed the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, seeking to set aside the conviction. The High Court heard the appeal, with the appellant represented by Sri M. Shashidhara and the State by the High Court Government Pleader. The judgment delivered on 08.10.2021 by a division bench comprising Justice G. Narendar and Justice M.I. Arun discusses the evidence of witnesses PW-1 and PW-2, the discovery of the body, and the circumstances relied upon by the prosecution. However, the provided text does not include the final decision or reasoning of the court.
Issue of Consideration
KAHC010260962016_1
