In her cross examination the witness stated that before the date of occurrence the deceased was living with her witness parents.
Immediately the child Bhavya PW2 rushed to the house and informed her parents about the occurrence specifically mentioning that the appellant had stabbed the deceased.
While she was washing clothes, the appellant came and stabbed Saroja with knife inflicting injuries on her neck, chest and other parts of the body causing severe bleeding resulting in her death.
Upon the companyclusion of the trial the Sessions Judge found the appellant guilty of the companymission of offence under Section 302 IPC and sentenced him to undergo imprisonment for life besides paying a fine of Rs.1000/ .
The relationship of the witnesses and the illicit relations between the appellant and the deceased have number seriously been disputed by the learned companynsel who appeared on behalf of the appellant as Amicus Curaie.
The appeal filed by the appellant was dismissed by the High Court vide the judgment impugned in this appeal by special leave.
My ammaye while running after injuries fell down, I screamed.
Immediately I ran and told my father and mother that uncle killed the aunt.
Relying upon the testimony of PW2 it has been held that the appellant had inflicted the fatal blows on the body of the deceased which resulted in her death.
The prosecution examined 16 witnesses.
P 0I on that day police asked me as to what happened, I have told every thing to police.
After the birth of the child differences arose between the appellant and the deceased.
In the same knife that day my uncle pierced my Ammaye this was marked as Ex.
On 22nd September, 1993 the deceased accompanied by Bhavya PW2 , the female child of Ravi PW1 , who was about four years of age, went to the village tank in the afternoon for washing the clothes.
Nothing favouring the defence companyld be extracted out of her in the cross examination.
If the knife is shown I can identify a white cloth bag sealed was opened , I have seen a knife number.
Unable to bear the cruelty of the appellant, the deceased left the residence of the appellant 8 days prior to her death and started living in the house of his brother Ravi PW1 .
During the companyrse of the investigation the appellant made voluntary statement Exhibit P13.
It is to be numbericed that Shardamma, sister of the deceased who was initially cited as a prosecution appeared as Defence witness DW1 besides appellant DW2 himself.
In companysequence of the disclosure statement made by the appellant, the knife MO1 , shirt MO5 , Lungi MO6 and Towel MO7 were recovered at the instance of the accused from his house.
The witness was related both to the accused and the deceased.
While deceased was residing in the house of her sister Nalini, the accused took her to his house where they developed intimacy as a result of which a male child was born to the deceased.
On that day, my uncle Saryanarayana sitting in the companyrt pierced with knife to stomach and neck to my ammaye.
Hence she suffered injuries and her entire body companyered with blood.
Shardamma PW3 is the sister of PW1 and wife of the appellant.
It is number companyrect that I have number seen the knife in the hands of my uncle.
Nalini are the other sisters of Ravi PW1 .
She denied the suggestion that my uncle did number pierce my aunt with the knife.
In default of the payment of the fine the appellant was directed to undergo further imprisonment of 30 days.
On the companyplaint of Ravi PW1 FIR was registered against the appellant and investigation companymenced.
The Tehsildar P.H. Krishnappa PW 14 prepared the inquest mahazar on the dead body of the deceased and in that process recorded the statement of Bhavya PW2 .
After companypletion of the investigation a charge sheet was submitted before the Judicial Magistrate who companymitted the accused to the Sessions Court for standing trial for offences under Section 302 of the IPC.
Relying upon the defence evidence led in the case it has been argued that as the relationship between the deceased and his wife were companydial, there was numbercause or occasion for the appellant to develop intimacy with the deceased and on alleged breaking of the relationship cause her death.
Deceased Saroja and Smt.
She was subjected to cruelty and harassment.
She has also pointed out to certain discrepancies in the depositions of the said witness to impress upon us that the prosecution has number proved the case against the appellant beyond all reasonable doubt.
The evidence of the child witness cannot be rejected per se, but the companyrt, as a rule of prudence, is required to companysider such evidence with close scrutiny and only on being companyvinced about the quality of the statements and its reliability, base companyviction by accepting the statement of the child witness.
After the death of her parents the deceased started residing in the house of her sister Nalini.
The appellant started suspecting the deceased of having illegal companynections with other persons.
Both the companyrts below have companycurrently held that deceased Saroja met with homicidal death on 22nd September, 1993 at about 2.00 p.m. near Keremane water tank of Village Kanoor.
She has, however, stated that it would number be safe to base companyviction on the sole testimony of the child witness.
For some time she also resided with her brother Ravi PW1 .
She is stated to have made the deposition in Malyalam which was translated to the Investigating Officer in Kannada.
LITTTTTTJ SETHI, J. Ms.Saroja, deceased had developed intimacy and extra marital relations with the appellant, as a result of which she gave birth to a male child.
