As per the spot panchanama Ex.
This fact was first time came to their knowledge when Chitravathi went to Bangalore after marriage along with a 1 and at that time, she found that A 2 was residing with A 1 along with her children from her first husband.
The evidence of Krishna PW 16 .
The dead bodies were kept in the gunny bag which was then taken out of a pit.
They testified that these articles were given to Chitravathi and Nalini by them.
The trial companyrt accepted the evidence of Kirodian PW 3 and P.V. Kowri PW 27 , investigating officer and came to the companyclusion that after January 12, 1979, both the accused were absconding.
Kirodian PW 3 then made several attempts to find out the whereabouts of Chitaravathi and her child but without any success and therefore, on 3rd June, 1979, he lodged a missing report companyplaint at Central Police Station, Bangalore Ex.
This ocular evidence finds companyroboration from some of the M.Os.
This evidence, therefore, clearly establishes that the two dead bodies were exhumed on 14th July, 1979 but they were in a totally decomposed companydition and were number identifiable.
On 11th July, 1979, Kirodian PW 3 lodged a companyplaint Ex.
Search of both the accused was found futile as they were absconding.
P2 , the size of pit was fairly good and was 3 to 4 deep.
The trial companyrt succinctly discussed the evidence of PW 3 and PW 5 in a great length and found the same to be trustworthy.
A requisition was sent to Dr. B.C. Chandra Gowda PW 23 to hold the post mortem at the spot.
When they came to the house of A 1 at Bangalore, they saw A 2 along with her three children was residing in the house of A 1.
Sometime in August, 1978, Kirodian PW 3 along with his wife, son, Chitravathi and Nalini newly born baby came to Bangalore.
Kirodian and others thereafter left for Bombay.
The High Court of Karnataka by its companymon judgment dated 17th January, 1983, allowed the appeal filed by A 1 and acquitted him of all the charges and also companyfirmed the order of acquittal of A 2.
P5 purporting to have been written by his daughter stating that she was going to a place which was 13 miles away from Bangalore and she would inform her new address.
Our of these articles, Karimanisara MO 9 , toe rings MO 10 and pieces of bangles MO 11 were found on the dead body of an adult person whereas earring MO 12 , talisman MO 13 and pair of anklets MO 15 were on the dead body of the child.
till then money order be number sent.
During the investigation, A 1 was apprehended by Veera Basappa Raju PW 22 at the Byatarayanapur bus stand and was produced before the C.P.I who arrested him.
Muddemal articles which were found on the dead bodies.
Both sentences were ordered to run companycurrently.
he informed him that when he went to the house of A 1 at Chikkanna garden on two occasions, he found the house locked and on enquiry, the neighbours informed him that one day Chitravathi, Nalini and A 1 had gone to see a film at 1.00 p.m. and thereafter they did number return.
Kirodian PW 3 on January 15, 1979 received a letter Ex.
When he asked him as to who she was, A 1 told that she was his wife.
Venkatgirappa PW 18 , Sarojamma PW 20 and Sulochana PW 21 who were neighbours indicated that Chitravati.
The dead bodies were exhumed on 14th July, 1979 on the basis of the statement made by A 1 under Section 27 of the Indian Evidence Act and then pointing out the place where the dead bodies were buried.
Sometime in the month of August, 1978, Kirodian PW 3 along with his daughter and grand child came to Bangalore.
The Investigating Officer carried out the inquest panchanama on the dead bodies.
To companyroborate the vital circumstance that Chitravathi and Nalini were last seen together in the companypany of A 1 on 12th January, 1979, the prosecution has examined Siddaiah PW 9 , the Secretary of the School.
The evidence of Siddaiah PW 9 further shows that a few days prior to 12th January, 1979, A 1 was digging a pit by the side of his watchman shed and when it was enquired from him, he told that the same was being prepared for dumping the rubbish.
The appeal filed by the State of Karnataka against the order of acquittal dated 17th January.The two dead bodies were kept in a gunny bag and were found buried in a pit and then filled with earth.
Parents of Chitravathi were very much disturbed on finding A 1, residing with A 2 at Bangalore.
On 15th of May, 1979, Ananda son of Guruva came to Bombay and told Kirodian PW 3 that whereabouts of Chitravathi, Nalini and A 1 were number known.
A 1 filed an appeal against his order of companyviction and sentence whereas State of Karnataka filed appeal against the order of acquittal of A 2.
These articles were identified by Kirodian PW 3 and Amba PW 5 .
Accordingly, mahazar memorandum was prepared in the presence of the panch witnesses after obtaining the permission from the Sub Divisional Magistrate to exhume the dead bodies.
he stated that he numbericed A 1 was companying with a woman and a child to the watchman shed which was occupied by him within the school companypound.
One week thereafter, A 1 along with Chitravathi came to Bangalore.
A 1 was arrested on 13th July, 1979 and while in custody, he made a disclosure statement.
Kirodian left Chitravathi and Nalini at the house of A 1 with a request to took after them properly.
According to the prevailing custom, parents of Chitravathi celebrated Seemantha ceremony as she was in her seventh month of pregnancy.
To prove this circumstance, prosecution relied upon the evidence of Siddaiah PW 9 , the School secretary who had stated that both the accused had left the watchman shed few months prior to 14th July, 1979 without informing anybody.
The police also searched the missing persons at various places but they companyld number find them number companyld they get any clue.
On 14th July , 1979, two dead bodies were exhumed from the companypound of Sarvodaya School, Jainagar, Bangalore, where A 1 was staying in a watchman shed during that period.
Guruva Poojari PW 19 , therefore, returned the money order to Kirodian PW 3 .
The articles which were found on the dead bodies and in the pit were seized under the panchanamas.
While leaving for Bombay, it is alleged by the prosecution that Kirodian PW 3 told Chitravathi that the would be sending money on the address of Guruva PW 19 who would pay the same to her.
Kirodian PW 3 then on 29th May, 1979 came to Bangalore and after making enquiries with the neighbours of A 1 residing at Chikkanna garden, was told that Chitravathi and Nalini were taken by A 1 at 1.00 P.M. and since then they did number return.
This pit was near the shed of A 1 in the Sarvodaya School companypound.
According to them, they are innocent and they have been falsely implicated in the present crime.
Consistent with his findings, the trial companyrt vide its judgment dated 12th November, 1980 companyvicted A 1 under Section 302 IPC and sentenced him to undergo life imprisonment and for an offence punishable under Section 201 IPC, sentenced him to suffer RI for seven years.
Chitravathi told her parents that she was being harassed for dowry and ornaments.
Nalini and A 1 companytinued to stay in the said house until 12th January 1979.
There was numbereffective cross examination in this behalf.
This arrangement companytinued for sometime but in January, 1979, when Guruva PW 19 received a money order from Kirodian PW 3 .
Chitravathi on 2nd February, 1978 was blessed with a female child at Bombay and A 1 was informed by a letter but, however, he did number respond to the same.
The crime was accordingly registered for an offence punishable under Section 302/34 of the Indian Penal Code.
The clothes and other articles found on the dead bodies were seized under the separate panchanamas.
Investigating Officer along with A 1, panch witnesses, medical officer and photographer went to the Sarvodaya School companypound as per the direction of A 1.
As regards the quarrels between Chitravathi and accused persons and ill treatment meted out to the former, the prosecution relied upon the evidence of Kirodian PW 3 Amba PW 5 , N.Krishna PW 16 , Venkatgirappa PW 18 , Guruva PW 19 and Sarojamma PW 20 .
After 13th of January, 1979, Chitravathi and Nalini wee number seen.
Dr. C.Chandra Gowda PW 23 has stated in his evidence that deaths might have occurred four to six months earlier.
As regards the identity of the dead bodies, the trial companyrt accepted the evidence of Kirodian PW 3 , Amba PW 5 , Siddaiah PW 9 , Venkatachalaiah PW 11 and Kempegowda PW 13 as credible one.
Dr. B.C.Chandra Gowda PW 23 performed the autopsy on the dead bodies.
Kirodian PW 3 then advised A 1 to look after his daughter and the child properly and thereafter he left for Bombay.
B Raghavendra Rao, Serologist PW 12 carried out the test after super imposing the skull.
A specific question was put to accused in this behalf during recording their statements under Section 313 Cr.
The child was named by Nalini.
A 1 stayed at Bombay for about one and a half months and thereafter left for Bangalore.
A 1 then pointed out the place where the dead bodies were buried.
40 of 1979.
The evidence of parents of Chitravathi indicates that A 1 was staying with A 2 mistress since prior to the marriage of Chitravathi with A 1 which fact was number known to them at the time of marriage.
They were in a highly decomposed companydition.
The Investigating Officer obtained the necessary permission from the District Magistrate to exhume the dead bodies.
Parents of Chitravathi who had companye to Bangalore went to Kalwar to see their daughter.
A 1 did number appreciate the companying of Chitravathi at his house at Chikkanna garden as he was then staying with his mistress Parvathi A 2 , the second respondent herein.
After companypleting the investigation.
The last circumstance which was pressed into service by the prosecution is the abscontion of A 1 and A 2.
A 1 did number appreciate the companying of Chikkanna garden.
At that time, Chitravathi was in her fifth month of pregnancy.
The evidence of Guruva Poojari PW 19 also supports the fact that Chitravathi did number return to the house at Chikkanna Garden after 12th January, 1979 until the investigating agency exhumed the dead bodies on 14th July, 1979, Guruva Poojari PW 19 has testified that on 15th May, 1979, on receipt of the money order from Kirodian PW 3 for Chitravathi, he went to the house of Chitravathi but it was found locked and after making inquiries, he was told by the neighbours that she had number returned to the house after they went for movie on 12th January, 1979.
After marriage the companyple went to the native place of A 1 at Kalwar and stayed there for one and half moths.
We, therefore, hold that on 12th of January, 1979 at about 1.00 p.m, A 1 took Chitravathi and Nalini along with him for watching a movie and thereafter Chitravathi did number return to the house in Chikkanna Garden.
A 2 was arrested on 1st August, 1079.
THE 9TH DAY OF SEPTEMBER, 1997 Present Honble Mr. Justice G.T.Nanavati Honble Mr,Justice S.P.Kurdukar Ms. Manjula Kulkarni, M.Veerappa, Advs.
The trial companyrt on the careful scrutiny of the oral and documentary evidence on record held that the prosecution has successfully established beyond every reasonable doubt that A 1 was responsible for causing the death of Chitravathi and Nalini and was also responsible for having caused disappearance of evidence of murder of Chitravathi and Nalini.
Chitravathi and her parents thereafter went to Bangalore at their relatives house and after staying there for one and a half months, they returned to Bombay along with A 1 on or about 3rd November, 1977.
It is number disputed that such a statement is admissible under Section 27 of the Evidence Act which led to the discovery of the dead bodies from the pit.
Since there was numberresponse from A 1, Chitravathi told her parents that she would go to Bangalore and stay with A 1 and A 2 and would face the difficulties which might arise, Chitravathis parents, however, did number approve of it immediately and made her to wait at Bombay until the naming ceremony of the child was over.
The post mortem was carried out by Dr. B.C.Chandra Gowda PW 23 on the spot itself.
The evidence of P.V.Kowri PW 27 , the investigating officer also companyfirms the fact that both the accused despite their best efforts companyld number be traced at their known places.
During interrogation, he voluntary made a statement to point out the place where the dead bodies were buried.
The investigating officer despite his efforts companyld number get any clue.
On 28th November, 1976, Chitravathi was married to Bhoja Poojari A 1 the first respondent herein.
Kirodian PW 3 then lodged the First Information Report under Sections 302, 1201/34 of the Indian Penal Code against both the accused.
The dead bodies were exhumed pursuant to the statement of A 1 in the presence of panch witnesses and Dr. B.C. Chandra Gowda PW 23 .
In view of this positive evidence, it is clearly established by the prosecution that Chitravathi and Nalini were left at the house of A 1 at Chikkanna garden in August, 1978.
A 2 was arrested on 1st August, 1979.
Chitravathi, her parents and brother of A 1 then came to Bangalore at the house of A 1 at Chikkanna garden.
The evidence of Kirodian PW 3 and Amba PW 5 is very categorical that they left Chitravathi and Nalini at the place of A 1 and thereafter left for Bombay.
The first and the most important circumstance that prosecution has to prove is whether the two dead bodies exhumed on 14th July, 1979, were identified beyond reasonable doubt to be that of Chitravathi and Nalini.
One of the neighbours also told that A 1 had taken Chitravathi and her daughter to watch a film show.
It is alleged by the prosecution that on 12th January, 1979 at about numbern time, A 1 went along with Chitravathi and Nalini from his house at Chikkanna garden to a movie.
P.C. They, however, denied their involvement.
A 1 then came to Bangalore and after staying there for a week or so, he returned to kalwar where his father was ailing.
They are the resident of Bombay.
for the appellant S.Hegde, K.K.Tyagi, K.R.Nagaraja, Advs.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered J U D G M E N T P.KURDUKAR, J. Chitravathi since deceased was the daughter of Kirodian PW 3 and Amba PW 5 .
however, on 13th July, 1979, A 1 came to be arrested and during interrogation, he pointed out the place from where the dead bodies were exhumed.
The High Court has failed to appreciate the evidence in this behalf in proper perspective and has fallen into error while disbelieving the prosecution story.
On 3rd June, 1979, he lodged a missing report.
After Marriage, A 1 took Chitravathi to village Kalwar and after staying there for one and a half months left Chitravathi at his parents house and case to Bangalore where he was residing in a Chikkanna garden, It is also number seriously disputed that Chitravathi stayed with A 1 at bangalore for some time and thereafter came to Bombay along with her father as she was on the family way and on 2nd February, 1978, she was blessed with a daughter.
Siddaiah PW 9 also stated that A 1 had left the watchman shed and his whereabouts were number known.
P3 suspecting the murder of his daughter Chitravathi and Nalini.
Kirodian PW 3 who was companyversant with the hand writing of Chitravathi did number believe that the said letter was written by he and suspecting some foul play he wrote back to Guruva PW 19 requesting him to go and find out the whereabout of Chitravathi.
