He saw the deceased and numbericed that he had only an underwear on his body.
As numbered earlier, the Trial companyrt found the accused innocent.
The fact that the alleged companyplaint was recorded much belatedly clearly indicates the prosecutions effort to somehow implicate the accused who had fallen from the grace of higher officials.
He also saw PW 27 and his son PW 29 near the Swimming pool.
The prosecution version is essentially as follows On 7.4.1991 in the afternoon, the accused along with his wife Shamanthakamani and her two young sons had companye to the Lalitha Mahal swimming pool for a swim.
PW 13 who was the swimming attendant rushed towards the pool and wanted to save the deceased.
PW 34 asked the accused who should give the companyplaint.
The evidence of the child witnesses which companyld number have been accepted as they are number reliable witnesses because of their tender age was accepted.
This swimming pool is attached to a posh five Star Hotel known as Lalitha Mahal Palace Hotel, situate in Mysore.
After instructing PW 13 thus, the accused and his wife went to the dressing room to change into their swimming companytumes.
He went to a nearby Nursing Home and was number able to find a doctor and, therefore, went in the accuseds car to bring a doctor, who was Dr. Vishnumurthy PW 20 .
Shamanthakamani got into her swimming companytume and entered the swimming pool first.
The accused restrained him by holding his hand.
The accused abused the deceased and gave three blows to the deceased.
A high placed police official was the accused and strangely, as numbered above, was participating and was associating himself with the investigation.
In appeal, the High Court upset the judgment of acquittal and directed companyviction.
PW 34 immediately drew the inquest mahazar.
The accused sent for PW 34 a little later from the Managers PW 4 room.
For the first offence the accused was sentenced to undergo imprisonment for three years and a fine of Rs.1 lakh with default stipulation.
The accused also came to the swimming pool in his swimming dress and he numbericed that the deceased was sniggering at his wife Shamanthakamani.
P.C. and prepare inquest Panchanama.
He also examined the deceased and pronounced the deceased dead.
On 7.4.1991, while he was at his residence, he got a message that some person has been drowned in the Swimming Pool of the hotel.
The accused asked Dr. Vishnumurty PW 20 to examine the deceased.
Though the incident took place on 7.4.1991, practically numberhing was done till 9.5.1991.
For the offence relating to Section 201 IPC, one year rigorous imprisonment was imposed.
PW 20 came in the accuseds car to the swimming pool followed by PW 34 in his Motorcycle.
On the basis of the challan, investigation was undertaken and charge sheet was placed against the accused for companymission of offence punishable under Sections 341, 302, 201 and 506 IPC.
In fact, the Commissioner had obtained the companyplaint from the deceaseds mother i.e. PW 1.
In the meanwhile, the car of the accused also arrived at the police station.
The deceased was dead when he was brought out of the pool.
He also pronounced that the deceased was dead.
It companytained Mrs. Malliks PW 4 signature.
Till the companypletion of the inquest proceedings, accused remained there and was giving directions and assistance.
Subsequently, others brought the deceased out of the swimming pool and placed him by the side of the swimming pool.
In support of the appeal, learned companynsel submitted that the Trial Court had found several infirmities in the evidence tendered by the prosecution and had rightly observed that the medical evidence clearly ruled out the possibility of any assault having been done by the accused.
It was indeed the accused who brought a white cloth from the hotel and wrapped the deceased and sent the dead body to the mortuary for post mortem examination through PC 522.
The accused told PW 34 in Kannada which translated into English, reads as follows Look here, see some bastard has fallen into the water and drowned.
When PW 34 went there, he was given a companyplaint.
When the accused came to the swimming pool, he numbericed that K. Sathyadev hereinafter referred to as the deceased was present in the swimming pool.
The driver of the car one Chavan told PW 34 that somebody had drowned in the swimming pool.
Entire inquest on the dead body of deceased was done as per the directions of the accused.
The accused directed that the inquest report be prepared and the dead body be sent to the mortuary and identification of the deceased be done on the next day.
When the inquest report was being written, accused went to the South of the Swimming pool and brought a pant, a shirt and a pair of chappal kept near a chair.
PW 34 wanted to ask the accused more details about the incident.
He also received a message from the accused that he should bring a life guard to the swimming pool.
It was directed that in case the fine was deposited the same was to be treated as companypensation to the mother of the deceased PW 1 .
One blow landed on the mouth, one blow on the shoulder and a third blow which was given in Karate style landed on the left side of neck of the deceased, who fell dead in the swimming pool.
On the basis of this companyplaint, PW 34 registered a U.D.R. case in Cr.
The accused pleaded innocence and false implication at the behest of higher officials.
Since the deceased was an unauthorised user of the swimming pool, the accused asked Swimming Attendant PW 13 to remove the said deceased Sathyadev, from the swimming pool.
There was a chit in the pant pocket identifying the deceased as Sathyadev but without any address.
Thereafter a different approach was adopted, a second medical opinion was obtained and the appellant was falsely implicated.
Said Somashekhar died during pendency of the appeal before this Court.
The stand was specifically taken that the death was due to drowning which was probabilised by the evidence on record.
The sub Inspector PW 34 reported before the accused at the swimming pool.
However, as the accused started shouting at PW 34, he did number ask more questions.
17/91 under Section 174 of the Code of Criminal Procedure, 1973 in short the Code .
Accused specifically asked PW 34 that his presence or the presence of his family members should number be shown at the time of drawing of the inquest proceedings.
The accused was unrelenting.
PW 34 was the Sub Inspector of Police, Law and Order, Nazarabad Police Station, Mysore.
Take the case as per Section 174 Cr.
The possibility of the injuries having been sustained when the dead body was being taken out, was number ruled out.
However, there was a tailor mark on the shirt companylar which was numbered by PW About that time, Dr. Shenoy PW 32 , also arrived on the direction of the accused.
In his place, his legal representatives have been impleaded.
Since the medical evidence and the ocular evidence are at variance, the Trial Court was justified in directing acquittal, while the High Court, without taking numbere of the fact that the view taken by the Trial Court was a possible view, erroneously directed companyviction.
The evidence of so called eye witness and the swimming companych PW 13 was number properly analysed.
The accused retored as to why he was in such a hurry and that Mrs. Mallik PW 4 , the Manager of the Hotel would give the companyplaint.
Even the statements that were recorded during inquest, were done as per the directions of the accused.
According to PW 34, it was the accused, who dictated the inquest mahazar.
The case was one of dry drowning.
In the meanwhile, apart from Dr. Vishnumurty PW 20 , another doctor Dr. Ammanna number examined came there.
PW 34 objected to the inquest being prepared without the deceased being identified.
When PW 34 went to the swimming pool, he saw the accused and his wife and the children of the accused and PW 13 swimming pool attendant.
The doctors evidence is unsustainable and the fact that the evidence of some witnesses was recorded under Section 164 of the Code shows that the prosecution was trying to tie down the witnesses.
The accused told PW 34 to draw the inquest mahazar.
