VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present Criminal Appeal is filed by the accused No.1 against the judgment and order of conviction dated 09.02.2015 made in S.C.No.242/2011 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, sentencing the appellant/accused No.1 to undergo imprisonment for life and to pay a fine of Rs.1,00,000/-, in default, to undergo imprisonment for three years for the offence punishable under Section 302 of the Indian Penal Code; to undergo imprisonment for five years and to pay a fine of Rs.30,000/- in default to undergo imprisonment for one year for the offence punishable under Section 201 of Indian Penal Code; to undergo imprisonment for two years and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code; to undergo imprisonment for five years and to pay a fine of Rs.30,000/- in default to undergo imprisonment for one year for the offence punishable under Section 3 of the Dowry Prohibition Act, 1961 and to undergo imprisonment for one year and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for three months for the offence punishable under Section 4 of the Dowry Prohibition Act, 1961.

(2.) It is the case of the prosecution that the accused No.1 is the husband of deceased Kamalamma. Accused Nos.2, 3 and 8 are the relatives of accused No.1. The marriage between the accused No.1 and the deceased Kamalamma was performed at Maruthi Kalyana Mantapa, Kanakapura. At the time of the marriage, accused persons demanded Rs.50,000/- dowry, 10 gms gold chain, 7 gms ring and other ornaments. The parents of the deceased Kamalamma gave the same to the accused No.1.

(3.) After the marriage, the deceased was residing with the accused persons. The accused persons started demanding additional dowry of Rs.1,00,000/- from the parents of Kamalamma and gave her mental and physical torture. On 04.02.2009, the accused No.1 quarreled with deceased Kamalamma. At that time, one Munivenkatappa-P.W.13 advised accused No.1 not to quarrel with Kamalamma. At that time, accused No.1 abused Munivenkatappa, warned him and aked him to go away. At about 3.45 am, the accused Nod.1 put plastic wire to the neck of Kamalamma and strangulated her and committed murder. In order to destroy the evidence, he tied the rope to her neck and tide the said rope to the bar of the window. Thereafter, accused No.1 took 20 days old child in a plastic basket and ran way with an intention to marry another lady. C.W.15/P.W.4-Manjesh intimated the death of Kamalamma to her parents. The complainant/P.W.1- Bhagyamma and other persons came to the spot. C.W.46/P.W.21- Vishwanath, PSI, received the information and proceeded to the spot. On the spot, the P.W.1 filed complaint before C.W.46, who sent the said complaint through C.W.47- Appaji, P.C-1629 for registration of the case to the police station. C.W.47 carried the complaint and handed over to C.W.48- Chandrashekaraiah, ASI, who, in turn received the complaint and registered the same under Crime No.36/2009 and sent the FIR to the Court. It is further stated that the investigation was handed over to C.W.46, who, in turn intimated the Tahsildar, Anekal to conduct inquest panchanama. He handed over investigation to C.W.49-M.Shankarappa, CPI, who proceeded to the spot and recorded the statements of C.W.17 to C.W.21. N.Satish-C.W.38/Special Tahsildar, drawn up the inquest panchanama of the dead body of Kamalamma. He recorded the statements of the relatives and sent the dead body for postmortem to Anekal Government Hospital and handed over inquest panchanama and other documents to C.W.49. On 06.02.2009, the staff members produced accused No.1 before him. C.W.49 arrested the accused No.1 and recorded confession statement leading to discovery of fact. The accused No.1 shown the spot where he had left the child in basket. C.W.49 drawn up the spot panchanama. C.W.49 came to know that the PSI of Hosur Police Station has left the child in Narendra Nambigaiah Nakshatram Ashram. He took the accused No.1 to the said Ashrama. When enquired, the head of the Ashram, showed the child to accused No.1. The accused No.1 identified the said child. Accordingly, C.W.49 drew the panchanama. He recorded the statement of witnesses and produced the accused No.1 before the Court. He has further recorded the supplementary statement of witnesses, received M.O.3 to M.O.6 and produced the same under PF No.26/2009. He arrested accused Nos.2, 4 to 7. Thereafter, he received the postmortem report and handed over investigation to C.W.50-Smt. H.M. Meenakshi, P.I. She recorded the supplementary statements of complainant and C.W.2 to 14, 15 to 31, 33 to 37 and arrested accused No.8 on 26.10.2009 and produced before the Court. After completion of investigation, she filed charge sheet against accused Nos.1 to 3 and 8 showing the accused Nos.4 to 7 in dropped column alleging the commission of offence punishable under Sections 498A, 302, 304B, 201 r/w Section 34 of the Indian Penal Code and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961. The learned Additional Civil Judge and JMFC, Anekal, took cognizance of the offence and registered the case against accused Nos.1 to 3 and 8 and committed the case to the Prl. District and Sessions Judge, Bengaluru Rural District, Bengaluru.