The evidence produced at the trial against the respondent accused can be divided as under The statements of PW 8 to PW 12 and PW17 which prove beyond reasonable doubt that Vasanthi deceased left her residential house for Mangalore on December 24, 1980 alongwith the respondent accused.
Rathna PW 12 deposed that the deceased borrowed two gold bangles and a chain from her with the promise that she would return the same after return from Mangalore.
These witnesses further stated that the accused left the hotel alone and did number return.
On 5.1.81, at about 5 p.m. the Mysore police, and Mangalore police brought the accused to my shop.
It is reasonably probable that they would remember his identity, specially when his companypanion who was also served by them was found murdered in the same room.
Raveendra PW 9, Mohini PW 10, Shyamala PW 11, Rathna PW 12 and Ramani PW 17 companyroborated the version of Sesha Shetty PW 8.
5 of the hotel alongwith the deceased is proved by these witnesses.
The prosecution story further is that the accused and the deceased travelled in a bus from Mangalore to Mysore where they reached on the morning of December 25, 1980.
He also saw the accused at about 11.30/12.00 numbern when he was companying out of the room.
12 who was Vasanthis mothers younger sisters daughter.
A case was registered, investigated and the respondent accused was charged with the murder of Vasanthi deceased.
This is State appeal against acquittal.
Shyamala PW 11 stated that the deceased had borrowed her ring at the time of leaving for Mangalore.
1,110/ for sovereign for 100 Gms.
She was later on identified to be Vasanthi deceased.
I am a gold smith.
The accused had told him to get food into the room around 2.30 p.m. These witnesses served the accused while he was occupying room No.
PW 7 stated that he brought chicken fry and two chapathies from another hotel for the accused and the deceased.
This answer is elicited by the companyrt.
Rukmangada PW 3 another manager took charge of the Modem Lodge from PW 2 at about 9.00 A.M. Vedaprakash PW 4 was the supervisor of the lodge.
The motel employees suspected some foul play and as such they informed Dharma Prakash PW 1, the proprietor of the motel who further informed the police as a result of which Mahadeveviah PW 26, Head Constable incharge of the companycerned police station companye at about 10.30 p.m. Dead body of a women was found lying on the company.
The evidence of hotel employees specially the manager PW2 and the room boys CW3 and PW 7.
10 who was Vasanthis mothers elder sisters daughter, alongwith her husband and son, was living in another portion of the same house.
The High Court in our view grossly erred in rejecting their testimony.
The appeal filed by him was allowed by the High Court, the companyviction and sentence of Shetty was set aside and he was acquitted of both the charges.
8 the accused had companye to their house near about December 15, 1980 and at that time his daughter Vasanthi told him that the accused had asked her to accompany him to Mangalore so that she companyld go for pilgrimage alongwith his wife.
The statement of PW18 proves the case beyond reasonable doubt against the accused.
PW 18 deposed that the respondent accused sold the gold ornaments to him.
On 2.1.81, about 9 a.m., the accused came to my shop and asked me to purchase a pair of gold bangles, and a gold chain, which is adjustable.
The accused paid Rs.
These witnesses further deposed that Vasanthi deceased did number return back from Mangalore.
The presence of the accused in room No.
Therefore, I should purchase them, I weighed the ornaments they weighed 37 grams, and 400 m.grams.
The accused asked me to give back the chain, the bangles sold to him.
The accused hired room No.
Rama PW6, a companyli, took them to a motel called Modern Lodge.
The prosecution case in a nutshell is as under.
60/ as advance and made the necessary entries in the register Ex.
Vasanthi deceased was thus a companysin sister to the respondent accused as she was his mothers sisters daughter.
He served tea to the accused and deceased.
According to Sesha Shetty PW.
The respondent accused is the younger brother of Rathna PW.
He signed the register and gave his address.
5 from Nataraj PW 2, the manager.
The High Court rejected the evidence of C.W.3 and PW 7 the room boys on the ground that numbertest identification parade was done to enable them to identify the accused in the jail.
I purchased the ornaments of Rs.
He told me that he needs money to start a shop.
P.3 was issued to the accused by the manager.
Mohini PW 10 further stated that the deceased borrowed her purse vanity bag and at the time of leaving for Mangalore she was wearing rose coloured sari, a white blouse, four rold gold bangles, two gold bangles, a ring in her finger, a necklace and two ear rings.
PW 2 was the hotel manager.
The High Court was number justified in rejecting the testimony of PW 6 on the ground that numbertest identification parade was done.
Vasanthi was living in the said portion of the house alongwith her husband Babu Shetty.
His examination in chief is as under I know the accused for the last past 15 years, about 2 or 4 years back, for a period of 2 years, the accused was working as Sales man in shop which is below my shop.
5 in the Modem Lodge.
The accused was residing with his wife and children at Mangalore.
The disclosure statement by the accused and recovery of various articles as a result of said disclosure.
The statement of Ganapathacher PW 18, the goldsmith.
The evidence of Rama PW 6, the companyli, who took them to the Modern Lodge.
Mohini PW.
Some of these witnesses also identified the jewellery taken from them by the deceased and recovered from the accused.
The accused lead the police to the shop of Ganapathacher PW 18, a goldsmith who admitted that the accused had sold gold chain and bangles to him but he produced only the gold ingot stating that he had melted the bangles and the chain.
I also showed the ingot to him, Thereafter the police wrote a mahazar, seized the gold, I had signed the mahazar.
Receipt Ex.
On the next day, I melted the above ornaments.
He further stated that on December 24, 1980 Vasanthi told him that she was going to Mangalore and would return the same day or the next day.
5,465/ to the accused.
C.W.3 served tea to the accused and the deceased.
Vasanthi deceased was the daughter of Sesha Shetty PW.
In the cross examination he stated that he did number have any record of the payment made to the accused.
The remaining portion of the house was occupied by Rathna PW.
Gopal, C.W. 3 was the room boy at that time.
I told the accused that I have melted them.
PW 7 brought one chicken curry and two chapathies at the asking of the accused.
I did number obtain any receipt.
As a result of voluntary statement made by the accused various articles of gold worn by the deceased, were recovered.
She alongwith her son was living with her father in a portion of the family house in village Gurupura.
He further stated that he did number maintain the accounts for the purpose of income tax as he had number employed any other worker.
5,465/ at the rate of Rs.
According to these witnesses the accused had left the room at about 12.00 numbern and had number returned.
Kuldip Singh, J. Deja K. Shetty was tried for the offences punishable under Sections 302 and 392 Indian Penal Code.
By 9.00 A.M. Ramachandra PW 7 came and took charge from Gopal.
The trial companyrt companyvicted him on both the companynts and sentenced him to undergone imprisonment for life and rigorous imprisonment for five years respectively.
