ANTHONY D SOUZA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Four appellants-Anthony Dsouza, Anil Kumar alias Anil Dsouza, Seril Dsouza and George Dsouza alias Babli were tried by the Additional Sessions Judge, Chickmagalur and convicted for the offences under Section 143, I. P. C. Section 396 read with 149, I. P. C. and Section 201 read with 149, I. P. C. and sentenced to undergo S. I. for six months for the offence under Section 143, I. P. C. rigorous imprisonment for life for the offence under Section 396 read with Section 149, I. P. C. and a fine of Rs. 5,000/- each. In default of payment of fine SI for three months and to undergo two years RI and to pay a fine of Rs. 2,000/- each for the offence under Section 201 read with Section 149, I. P. C. and in default of payment of fine, SI for three months. All the substantive sentences were ordered to run concurrently. On appeal their conviction and sentence is confirmed by the High Court. Hence the present appeal.

(2.) Briefly stated facts are as follows : Deceased Vittal Shetty and Paul were employed as driver and cleaner in a lorry bearing Registration No. CNO 8928 belonging to Kiran Transport Company owned by PW-5 Sri Castelino and his son PW-16 Kiran Castelino. On 17-2-1992, PWs. 5 and 16 had sent the lorry driven by substituted driver PW-15 Puttumonu along with deceased Paul to Penambur to take delivery of 200 bags of Mangala Urea from its factory to be taken to Mysore Coffee Curing Works at Balehonnur. PW-9 Balakrishna was the clerk of Venkatadri Transport Company which has a office by the side of Mangalore Chemical Fertilizer Factory, got the fertilizer bags loaded between 11.30 a.m. to 3.30 p.m. After handing over necessary documents including the delivery note, the driver and the cleaner left for Mangalore. Sometime at about 5.00 p.m. the regular driver deceased Vittal Shetty reported back to his duty and he was asked by PW-5 to proceed to Balehonnur with the loaded lorry of fertilizer bags. Deceased driver along with his cleaner deceased Paul then proceeded towards Balahonnur at about 7.30 p.m. on 17-2-1992. It is stated that at about 1.30 in the night both the deceased halted the lorry at Kottigehara at Bharath Hotel run by one Ibrahim PW-12 for taking tea. When both the deceased were about to leave along with the lorry, it is stated that all the four appellants along with one juvenile offender boarded the truck after some talk and left Kottigehara. Since then nothing has been heard about the truck or the driver. It is only on 18-2-1992, one Parswanatha Jain PW-1, a resident of Jenugudde village receives information of finding a dead body in a culvert. He booked a trunk call to the police at Balehonnur Police Station. On receipt of phone message, SHO of Balehonnur Police Station proceeded to the Jenugudde along with the staff and observed some injuries on the dead body. He came back to the police station and suo motu registered a case in Crime No. 16/92 for the offence under Section 302, I. P. C. against an unknown offender. Thereafter, the investigation is taken over by Mallikarjunappa PW-33, the PSI of Balehonnur Police Station. In course of investigation, the prosecution examined as many as 36 witnesses and finding a prima facie case, challan was filed against the appellants. Admittedly, there is no direct eye witness and the prosecution case rests entirely on circumstantial evidence. The prosecution relied on the following circumstantial evidence :- (a) On 18-2-1992 at about 9.15 a.m. the four appellants along with juvenile offender went to Belagodu Primary Health Unit and informed Gangadhariah PW-17 who was a Group "D" employee, that they were injured in a lorry accident and asked for immediate medical treatment. On noticing the serious injuries on one of the accused, PW-17 directed them to go to Sakleshpur General Hospital.

(3.) This is how the accused were roped in with the crime by the circumstances as recited above.