VISHWANATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant in this Criminal Appeal challenges judgement and order dtd. 6/6/2009 passed by the High Court of Karnataka which has allowed the Criminal Appeal of the State; thereby reversing the order of acquittal of the Trial Court, thus convicting the present appellant of offences under Ss. 302 and 450 read with Sec. 34 of the Indian Penal Code and sentenced him, inter alia, to life imprisonment, under Sec. 302 of IPC.

(2.) The case of the prosecution is that Rohini (PW-1) and Rohithaksha (PW-3) were residing with their mother Devaki (deceased; aged 86 y/o) at Kudupu, Mangalore. Devaki was strangulated to death by the present appellant and coaccused Ravikumar. On 26/12/2000 when PW-1, PW-3 and PW-4 (wife of PW-3) were not present in their home, and their 86-year-old mother was alone, the present appellant and the co-accused broke into their house with the intention to commit robbery and killed Devaki. A written complaint was filed before the police at 2:30 p.m. by PW-1 which formed the basis of the FIR which was registered at PS: Mangalore Rural Circle at approximately 3:00 p.m, in which the two accused Ravikumar and the present appellant Vishwanatha were named.

(3.) In the FIR, it was mentioned that on that fateful day (26/12/2000), she (i.e. PW-1/Complainant), had gone out for some work and when she returned home at about 12:30 in the afternoon, she heard some sound coming from inside her house which alerted her, but she could not enter the room as it was locked from inside. PW-1 then raised an alarm and as a result PW-2, who is a neighbour came for her help. Then both PW-1 and PW-2 managed to peep through the window of the bedroom, where they saw that the accused had twisted a cloth around the neck of the deceased (PW-1's 86-year-old mother), which they were pulling at the two ends, each holding one end of the rope. PW-1 recognised the first accused as Ravikumar as he was the nephew of PW-4 (the daughter-in-law of the deceased). PW-1 called Ravikumar by name which alerted the two and they escaped.