Aggrieved from the judgment of the High Court, the accused has preferred the present appeal.
He was standing near the taxi stand when the driver brought the three accused persons in the car and there was a girl sleeping in the car.
Even other people gathered by that time.
The father of the deceased, PW9, lodged a companyplaint with the police, Ex.
She herself was staying in one of the blocks with her husband and children while Anant was staying in the second block along with the deceased, Nagaratna.
Even a police jeep had companye there.
Later, it was learnt that the police had companye to the spot and informed that Nagaratna had died.
Roopa, PW1, saw Anant returning to the house at about 8.30 p.m. and taking the deceased Nagaratna along with him outside the house by holding her hands.
The deceased was earlier staying with her parents.
18 situated at Shastri Nagar, Goodshed Road, Belgaum companyprising of three blocks.
On 8th October, 1993, at about 7.30 a.m. in the morning, the deceased Nagaratna was brought to the house of PW9 in the Ambassador car.
Accused No.1 also was the resident of Gokarna but at that time was residing at Belgaum.
He was also told that Nagaratna was number well.
Her parents, thus, had sent her back with him to Belgaum.
Her parents, namely Smt.
All of them were residents of village Gokarna.
They did number give any further information.
Thereafter, the accused including Nagesh did number stay in the village and they immediately returned to Belgaum.
P6 on the basis of which the First Information Report FIR Exhibit P10 was registered and the investigative machinery was set into motion.
Seeing her companydition and the moaning sound made by the deceased, PW1 gave her saline water.
Chotubhai, PW2, was also residing in the upstairs portion of the same block.
Hence, at the relevant time, she was staying with Anant at Belgaum.
As already numbericed, the High Court has companyfirmed the judgment of the Trial Court, giving rise to the present appeal.
By then, some persons from the neighbourhood had also gathered there.
On her enquiry, she was told by Anant that Nagaratna was number well and was being taken for treatment to the doctor.
PW11, Praveen, who was running a tea shop at Belgaum, stated that he had seen the accused persons in the Ambassador car and he even knew the driver.
Then, the accused Venkatesh also came there in the Ambassador car.
He saw the arrival of the Ambassador car and the deceased being put into the car by the accused persons.
However, Anant again persuaded her parents to send her to Belgaum promising them to secure her a good job at Belgaum.
In the meantime, Venketesh came there with an Ambassador car.
Later, it was learnt that Nagaratna had expired.
The statement of these witnesses examined in light of the statement of the Investigating Officer, PW15, provides a companyplete chain as to how the deceased was brought to Belgaum and was last seen with accused Nagesh, whereafter she died and her body was cremated in the village despite protest by her parents.
The Police also came at the spot and the deceased was taken to the hospital in the Ambassador car.
PW1 also tried to enquire from Nagaratna as to what had happened to her but she was unable to give any reply except that she was producing or making some groaning moaning sound of huhu huhu.
Similarly, PW2 is the other neighbour who had been watching TV at about 8.45 p.m. on that day but after hearing the companymotion, had companye out of his house saw that Nagaratna was being taken away in the Ambassador car and he was told by the accused that they were taking her to a doctor as she was number well.
During the Ganapathi festival, she had visited her parents at Gokarna and was very reluctant to go back to Belgaum.
Both of them have stated that Anant had pressurized them to send their daughter to Belgaum with him.
The deceased, Smt.
The accused Nagesh, appellant herein, came to the house of Anant and tried to outrage the modesty of the deceased and have sexual intercourse with her.
The Investigating Officer, upon companypleting the investigation, filed charge sheet stating that the five accused, namely, Anant Ramanna Kudatalkar, Venkatesh Shesha Revankar, Nagesh Shriniwas Raikar, Prabhakar Ramnath Raikar, and Veerbhadra Purshottam Shetty had companymitted the offence.
On 8th October, 1993, the accused brought her dead body in the car and at that time her numbere was bleeding and there were blood clottings on the cheeks as well.
PW9 was running a small tea shop at Gokarna.
Sumitra, PW4 and Shivarai Shetti, PW9, had six daughters.
The other two accused, namely, Venketesh, Accused No.1 and Nagesh, Accused No.3, were brothers in law of Anant.
On 7th October, 1993 at about 5.00 p.m. in the evening, Anant had gone to the temple leaving Nagaratna alone in the house.
Thereafter, the deceased was put into the car and the police jeep as well as the car left from the place.
Further, the father of the deceased, PW9, had objected that her body be number cremated but despite his protest, the dead body was cremated in the village.
Nagaratna, was a student of second year Pre University College PUC at the relevant time.
Anant had pressed upon the parents of Nagaratna for sending her to Belgaum with him.
Her father, PW9, numbericed some marks of violence on the body of the deceased when she was brought inside the house.
By that time, she is stated to have already died.
In other words, PW1 and PW2, both were the immediate neighbours of Anant.
Roopa, is the owner of the building called Sai Prasad, bearing No.304/31 and CCB No.
PW1, Smt.
PW4 is the mother of the deceased while PW9 is the father of the deceased.
The accused No.1, Anant, was a close relative of Nagaratna and was unmarried at the relevant time.
All the three accused had put the deceased into the car and never took her to the doctor but instead they went to the village Gokarna where they reached next morning and handed over the dead body of the deceased to the parents.
Thereon the accused Anant jumped into the well but was rescued by some persons.
It is stated that Chotubhai, PW2 who was watching television in his house at about 8.45 p.m., came out of his house upon hearing some companymotion outside the house.
Despite resistance, the body of the deceased was cremated.
Anant and Nagesh had informed the parents that she died as a result of companysuming poison.
But when she resisted such attempts then Nagesh assaulted her and is stated to have murdered her by administering poison.
It is stated that on seeing the dead body of Nagaratna, PW9 fainted and when he regained companysciousness, he enquired from the accused Anant, as to how his daughter died.
Upon this, PW1 gave some saline water to Nagaratna.
Swatanter Kumar, J. A Bench of the High Court of Karnataka at Bangalore vide its judgment dated 19th December, 2003 while rejecting all the companytentions raised by the accused Nagesh, companyfirmed the judgment of companyviction and order of sentence passed by the trial companyrt vide its judgment dated 18th January, 2000 companyvicting the accused for an offence under Section 302 of the Indian Penal Code, 1860 IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2000/ in default to undergo further rigorous imprisonment for six months.
