NANDAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the Appellant and the learned SPP for the Respondent-State and carefully perused the case records with their assistance.

(2.) THE deceased is one Smt. Valarmathi, aged about 30 years at the time of her death. The appellant/accused and deceased-Smt. Valarmathi had been living together as husband and wife in a house situated at Kuteeramma Koil Street in Cox Town, Bangalore. The appellant/accused was tried for the murder of the abovesaid Valarmathi by committing assault on her with a grinding stone over a quarrel by suspecting her fidelity on the night of 5-9-94 at about 10. 00 p. m. in their abovesaid house, as a result of which she died at about 1. 30 a. m. on the intervening night of 6-9-94 and the Trial Court found him guilty of the said offence under S. 302, I. P. C. Accordingly, the appellant has been convicted of the offence under S. 302, I. P. C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further SI for one month. The appellant has however been acquitted of the offence under S. 201, I. P. C. Hence, this appeal by the convicted accused challenging his conviction under S. 302, I. P. C. and sentence.

(3.) P. W.-2, Das is an immediate neighbour of the accused and the deceased. P. W. 5 Smt. Yashodha is his wife. P. W. 4 Pushpa and P. W. 8 Saroja had been residing in the houses situated opposite to the house of the accused and the deceased in the same street. PW-1 is the brother and PW-5 is the sister of the deceased. It is not in dispute that the accused and the deceased had been residing together in a house adjoining to the house of PWs-2 and 5 and they were the immediate neighbours of the accused. In fact, the accused would also admit this fact in his statement under S. 313, Cr. P. C. PW-2 Das has stated that on 5-9-94 at about 9. 00 p. m. in the night, he heard the accused tapping the door of his house and calling the deceased by taking her name to open the door. But the deceased did not open the door. Then, he overheard the sound of breaking open of the door of the house of the accused. On hearing that sound, it is stated that PW-2 came out of his house and he noticed that the door of the house of the accused had been broke open. He also saw the accused assaulting the deceased inside his house and at that time there was a dim light of a small lamp burning in the house. Thinking that it was an usual quarrel between the accused and the deceased, he went back and slept in his house. But again at 1. 00 a. m. on the night of 6-9-94, it is stated that he woke up from his sleep on hearing the sound of someone tapping the door of his house. It is the accused who was actually tapping the door of his house. When PW-2 opened the door, the accused told him that the deceased has been behaving in a peculiar manner and requested him to come and save her. Immediately, both he and his wife PW-5 along with some other neighbours like PW-8 and others went to the house of the accused and attended on the deceased. It is stated that PW-5 and other neighbouring ladies had applied some oil to the deceased and tried to revive her. When PW-2 stated to have seen the deceased on that night, he found that the face of the deceased was appeared to be swollen and the tongue was bitten. He also found that the face of the deceased had been stained with blood. The neighbouring ladies who tried to revive the deceased, ultimately told that the deceased had died. Then, PW-2 stated to have returned to his house. Then in the morning when PW-1, the brother of the deceased, came and enquired with him as to what happened to the deceased, he told him as to what transpired on the previous night. Then, it is stated that a complaint was lodged by PW-1 at about 4. 00 p. m. on 7-9-94 with the Inspector PW-12 at the police station. He registered the case and took up investigation. During the course of investigation, the Inspector PW-12 arrested the accused and on the information furnished by the accused as per Ex. P-13, he recovered the grinding stone MO-1 from the house of the accused.