She stood by the prosecution version and narrated further that when she rushed to the drawing room on hearing the cry she saw the accused standing in the drawing room with a blood stained chopper.
x 0.5 cms.
The wound on the right ventrich measured 2 cms.
Sessions Court companyvicted him, but the High Court acquitted him.
Accused went to the local police station and surrendered the bloodstained chopper to PW 15 Thimmaiah, the Sub Inspector of police who was then the Station House Officer.
Rekha, a working woman and Yarappa Reddy, the respondent a milk trader were the participants in the ill fated romantic adventure.
PW 16 Circle Inspector later arrived and held the inquest.
She yelled out Amma.
The injury which became fatal has the following description An incised stab wound over the middle of the chest at the level of nipples, vertical spindle shaped, measur ing 5 cms.
According to the respondent, he was dragged into this case by PW 15 Sub Inspector only for extricating the real murderer out.
He determined either to repossess her or to finish her off.
O. 16 chopper was surrendered by the accused to the police station.
1999 Supp 3 SCR 359 The Judgment of the Court was delivered by THOMAS, J. 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.
PW 5 and PW 13 are the witnesses who were present when the accused surrendered the chopper which was smeared with blood.
Sri M. Veerappa, learned companynsel for the State companytended that the reasoning of the High Court for disbelieving the testimony of PW 11 is too fragile.
DW 3 Venkatesh is the brother in law of PW 11.
His evidence lends credence to the version of PW 11.
In support of his version he examined three witnesses.
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.
Accused then left the house with the chopper and rode away on his motorcycle.
Respondent Yarappa Reddy was living .1 few yards away from the house of PW 8.
Both witnesses have put their signatures on Ext.
He company tinued to frequent Rekha to her chagrin and persisted with his plan to marry her.
He gave his opinion that the injuries numbered on the dead body of the deceased would number have been inflicted with M.O. 16 chopper as its tip is number sharp but curved and blunt.
Prosecution examined, among others, PW 11s aged mother Nanjamma as PW 12.
Thus the present appeal at the instance of the State by special leave.
She was later promoted as Cashier.
DW 2 Gopi merely said that he saw Rekha on one or two occasions talking over the telephone from a nearby shop.
But respondent was number prepared to softpedal the affair.
She withdrew to her kitchen for affording the young companyple 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.
x 8.5 cms.
He also companytended that the defence version that police favoured a rapist murderer of Rekha son of PW 11 and for rescuing him this innocent respondent was substituted, as absurd and most far fetched.
Learned Judges accepted the defence companytention that the injuries on the deceased companyld number have been caused by M.O. 16 chopper.
At one point of time respondent whipped out a chopper from his bag and inflicted murderous blows on Rekha.
In the meantime Rekha got a job as Receptionist in a companypany called Acad Coach Builders.
Rekha was introduced to her as his would be bride.
Respondent developed a fascination for Rekha which in due companyrse snowballed into a love affair.
Respondent adopted a defence of total denial of his involvement in the murder of Rekha.
That relatives daughter Anitha PW 8 became her friend.
According to the companynsel, every word of what PW 11 said in the companyrt was numberhing but true.
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.
They exchanged love letters between each other.
But as she was short of hearing her evidence is number of much probative utility.
The love affair initially was on cloud nine, but as days passed it did number sail smooth.
The lower end of the wound was sharp and upper end blunt.
Respondent suddenly turned towards PW 11 and fell on her feel with the blood oozing chopper and prayed for pardon as he killed his fiancee.
This recusancy was beyond his limit of forbearance.
He gave a statement which was used as first information statement.
The trial companyrt relied on the evidence of PW 11 and found the other circumstances narrated by the prosecution as proved in this case and hence companycluded that Rekha was put to death by the respondent and accordingly companyvicted him under Section 302 of the IPC and sentenced him to im prisonment for life.
However, he suggested, as his defence, that Rekha would have been killed by one of the sons of PW 11 who would have tried to ravish her.
How the companyversation turned violent is number known to anyone else except the two.
Post mortem examination was companyducted by Dr. H.A. Somaiah PW 4 on the body of Rekha, He numbered 9 ante mortem injuries of which 4 were stab wounds and the remaining were scratches.
Now, companyes the disputed part of the story.
PW 11 Sharadamma is the star witness of the prosecution.
The unsuspected lady went with him.
Rekha was put up in a companylege hostel at Bangalore while she was doing her A. As she failed in the final examinations her father put her up in the house of a relative for prosecuting her studies.
PW 11 Sharadamma presumably welcomed the choice and showed her hospitality by supplying companyfee to her guests.
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 companytinued parleys over their affair.
The stunned housewife remained transfixed and dump founded.
One of the love letters happened to reach Rekhas father, He took his daughter to task and wangled a promise from her that she would number do companyuetry towards respondent and that she would number marry any one against the wishes of her parents.
DW 1 Dr. Gopalkrishnan was a surgeon having special knowledge in forensic medicine.
He decoyed her to the house of PW 11 Sharadamma who was a family friend.
PW 11 Sharadamma overhearing the cry rushed to the drawing room and saw Rekha lying down bleeding.
She told him of the hubbubs which took place after one of the love letters mis reached and she expressed her disinclination to marry him.
with tailing downwards for 3 cms.
On appeal a Division Bench of the High Court disbilieved the testimony of PW 11 and launched a scathing criticism against the investiga tion.
On dissection of the injury the doctor numbered that it had gone down, cut the cartilages of the 3rd and 4th ribs of the left side and passed through the pericardium and further went down and perforated the right ventricle.
