KUMAR @ SHIVA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave takes exception to the conviction of the appellant under Sec. 306 of the Indian Penal Code, 1860 (IPC).

(2.) It may be mentioned that the Fast Track Court - III Mysore vide the judgment and order dtd. 6/7/2004 passed in S.C. No. 26/2002 convicted the appellant for the offence under Sec. 306 IPC and sentenced him to undergo rigorous imprisonment (RI) for three years and to pay fine of Rs.2,000.00, in default to undergo RI for four months for the aforesaid offence. Appeal filed by the appellant under Sec. 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka, being Criminal Appeal No. 1139/2004 (SJ-A) was dismissed vide the judgment and order dtd. 17/9/2010 by upholding the conviction and sentence imposed by the trial court.

(3.) Case of the prosecution is that the appellant was earlier residing in the house of the deceased as a tenant though on the date of the incident he was residing elsewhere as the term of the lease agreement had expired. On 5/7/2000 at about 09:00 AM, the deceased was returning home after dropping the children of her sister in the school. When she had reached near the Canara Bank, the appellant was waiting there and teased her to marry him. The deceased refused to respond. Appellant threatened her that if she did not agree to marry him, he would destroy the family of her sisters, outrage their modesty and would kill them. After she reached home, she informed her sisters about the above incident over telephone. Thereafter, she consumed poison in the house. The neighbours saw through the window of the house the deceased lying on the floor in a painful condition. They got the door of the house opened. The deceased was suffering from pain due to consumption of poison. In the meanwhile, one of her sisters and her husband came to the house. All of them took the deceased to the Nirmala Devi Hospital whereafter she was shifted to the Mission Hospital. Ultimately, she died on 6/7/2000 at 07:30 PM.