N SOMASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) One Somashekar (also described as accused) was prosecuted for alleged commission of offences punishable under Ss. 341, 302, 202 and 506 of the Indian Penal Code, 1860 (in short IPC). He was acquitted by the trial Court. He was, however, convicted by the impugned judgment by a Division Bench of the Karnataka High Court by revision of the judgment of the trial Court. The High Court held the accused guilty of offences punishable under S. 304 (Part II) and S. 201, I.P.C. For the first offence the accused was sentenced to undergo imprisonment for three years and a fine of Rs. 1 lakh with default stipulation. For the offence relating to S. 201, I.P.C., one year rigorous imprisonment was imposed. It was directed that in case the fine was deposited the same was to be treated as compensation to the mother of the deceased (P.W. 1). Said Somashekhar died during pendency of the appeal before this Court. In his place, his legal representatives have been impleader.

(2.) The prosecution version is essentially as follows : On 7-4-1991 in the afternoon, the accused along with his wife Shamanthakamani and her two young sons had come to the Lalitha Mahal swimming pool for a swim. This swimming pool is attached to a posh Five Star Hotel known as Lalitha Mahal Palace Hotel, situate in Mysore. When the accused came to the swimming pool, he noticed that K. Sathvadev (hereinafter referred to as the "deceased") was present in the swimming pool. Since the deceased was an unauthorised user of the swimming pool, the accused asked Swimming Attendant (P.W. 13) to remove the said deceased-Sathyadev. From the swimming pool. After instructing P.W. 13 thus, the accused and his wife went to the dressing room to change into their swimming costume. Shamanthakamani got into her swimming costume and entered the swimming pool first. The accused also came to the swimming pool in his swimming dress and he noticed that the deceased was engineering at his wife Shamanthakamani. The accused abused the deceased and gave three blows o the deceased. One blow landed on the mouth, one blow on the shoulder and a third blow which was given in Karate style landed on the left side of neck of the deceased, who fell dead in the swimming pool. P.W. 13 who wasthe swimming attendant rushed towards the pool and wanted to save the deceased. The accused restrained him by holding his hand. Subsequently, others brought the deceased out of the swimming pool and placed him by the side of the swimming pool. The deceased was dead when he was brought out of the pool.

(3.) P.W. 34 was the Sub-Inspector of Police, Law and Order, Nazarabad Police Station, Mysore. On 7-4-1991, while he was at his residence, he got a massage that some person has been drowned in the swimming pool of the hotel. He also received a message from the accused that he should bring a life guard to the swimming pool. In the meanwhile, the car of the accused also arrived at the police station. The driver of the car one Chavan told P.W. 34 that somebody had drowned in the swimming pool. He went to a nearby Nursing Home and was not able to find a doctor and, therefore, went in the accuseds car to bring a doctor, who was Dr. Vishnumurthy (P.W. 20). P.W. 20 came in the accuseds car to the swimming pool followed by P.W. 34 in his motorcycle. When P.S. 34 went to the swimming pool, he saw the accused and his wife and the children of the accused and P.W. 13 swimming pool attendant. He also saw P.W. 27 and his son P.W. 27 near the swimming pool. He saw the deceased and noticed that he had only an underwear on his body. The accused asked Dr. Vishnumurty (P.W. 20) to examine the deceased. The Sub-Inspector (P.W. 34) reported before the accused at the swimming pool. The accused told P.W. 34 in Kannada which translated into English, reads as follows :-