PRAVEEN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Principal Sessions Judge, Dakshina Kannada, Mangalore by her judgment dated 4.2.2002 in Sessions Case No. 64 of 1994 found the appellant herein guilty of offences punishable under Sections 302 and 392 read with 397 IPC and awarded the extreme penalty of death for an offence under 302 IPC. She also awarded RI for 7 years and pay a fine of Rs. 1,000/- for offences punishable under392 read with397 IPC. For confirmation of the sentence of death, she referred the matter the High Court of Karnataka in Criminal (RC) 2 of 2002 while the appellant also preferred an appeal against the judgment and conviction before the same High Court, The High Court by a common judgment dated 28.10.2002 while dismissing the criminal appeal of the appellant accepted the reference and confirmed the death sentence awarded the appellant by the trial court. It is against the said judgment of the High Court the appellant is in appeal before us.

(2.) The facts necessary for the disposal of this appeal are that the appellant is the son of the brother of one of the deceased Smt. Appi Sherigarthy. About 3 years prior the date of the incident the appellant used stay with said Appi in her house at Vamanjur, Mangalore Taluk, doing tailoring work. After his marriage he shifted his residence his native place namely Uppinangadi. Said deceased Smt. Appi had 3 sons and 3 daughters. Her one daughter Shakuntala and her daughter i.e. the grand-daughter of Appi by name Deepika were staying with said Appi while Shakuntalas husband Jayantha PW-7 was employed at Muscat. Appis another son Govinda was also staying with her in her house in Vamanjur on Mangalore-Karkala road.

(3.) It is prosecution case that on 24.2.1994 PW-2 Kumari Revathi a 12 year old girl who used supply milk the house of Appi had gone that house as usual at 7.30 a.m. But on that day even though she called out for said Appi there was no reply but she could see Appi having fallen on the floor with blood by the side of her body. So she returned her house and reported this her grand-mother who in turn went the house of PW-1 Suresh Kumar and informed him about the said fact. PW-1 then went the house of Appi along with PW-2 and they o got no response when they called out for Appi so they came back the house and ld the mother of PW-1 about their efforts contact said Appi. Prosecution further alleges at about 10.30 a.m. PW-1 went bring some vegetables along with PW-2 the shop of PW-4 Flacy Lobo at that time they informed her of what was noticed by them in the house of Appi. PW-4 then accompanied PWs.1 and 2 and came near the house of Appi and entered the house which was found open from the Southern direction and they saw Appi lying dead with bleeding injuries. When they went another room they saw son of Appi, Govinda also with bleeding injuries and in another adjacent room they found the dead bodies of Shakuntala and Deepika with injuries on their heads. PW-4 Flacy Lobo sent PWs.1 and 2 their house and she herself came and informed her husband about what she saw in the house of Appi and requested him inform the Police. PW-32 Vishwanath Pandit Sub-Inspecr of Police. Mangalore Rural Police Station then was at a place called Pachanady at about 11 a.m. in connection with the investigation of another crime when he received a wireless message about the finding of 4 dead bodies in the house at Vamanjur within the jurisdiction of Rural Police Station, Mangalore. PW-32 then immediately went the place of incident and secured PW-1 and recorded his statement as per Ex. P-1 based on which a case was registered against unknown persons in Crime No. 46/1994 for offences punishable under sections 449, 302 and 308 IPC and an FIR was sent the court. He also sent messages the District Police Office send the dog-squad and finger-print expert. In the meantime he held inquest over the dead body of Appi in the presence of PW-9 Chandrahasa Rai and others as per Ex. P-2. He further held the inquest over the dead body of Shakuntala in the presence of some Panchas and drew up the inquest Panchnama Ex. P-4. He directed PW-29 Gopala Krishna Shetty S.I. hold simultaneous inquest on the dead bodies of Govinda and Deepika which was done as per inquest Panchnamas Ex. P-3 and 5 respectively. PW-32 then sent the dead bodies for post mortem examination and recorded the statements of PWs-2, 4, 5 and CWs. 8 and 10 i.e. Ramani and Seetharama Poojary respectively. In the meantime PW-30. K.R. Venkatesh finger-print expert came from Mangalore and in the course of his examination noticed some finger-prints on the almirah which he lifted.