SUBBU @ SUBRAMANYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Hearing was conducted through video conference and the learned Counsel for the parties agree that the audio and video are proper.

(2.) The accused, who is in judicial custody for more than 7 years 2 months has filed the present criminal appeal under the provisions of Section 374(2) of the Code of Criminal Procedure (for short, hereinafter referred to as 'Cr.P.C')against the impugned judgment and order of conviction dated 10.12.2014 made in S.C.No.61/2013 by the Principal Sessions Judge, Chikamagalur convicting the appellant-accused for the offence punishable under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'IPC') and sentencing him to undergo life imprisonment and to pay a fine of Rs.30,000/- in default of payment of fine to undergo rigorous imprisonment for three years.

(3.) It is the case of the prosecution that the appellant was working as Computer Instructor in Keonics Yuva.Com at Chikmagalur. When the deceased Nayana joined for computer training in the said institution, at that time, the present accused was her Computer Instructor. It is alleged that both the appellant-accused and the deceased Nayana fell in love and later the deceased came to know that the accused had already been married to one Pavithra - P.W.8 and therefore, she started avoiding the accused, but the accused was insisting the deceased to love and marry him. Since she was not agreeing, it is alleged that on 31.12.2011 at about 2.30 p.m., when P.W.1 and her son P.W.16 were there in their house as P.W.16 had come for lunch, at that time, C.W.5-P.W.8 - the wife of the accused called P.W.1 from her mobile Number 8277373085 and informed P.W.1 that accused had quarreled with her and has gone saying that he is going to kill the deceased and asked her to save the deceased Nayana. Immediately, P.W.1 and P.W.16 went to the Zilla Panchayath Office in an auto at about 2.45 p.m. and saw her daughter - the deceased Nayana was sitting on the chair of computer table in the Akshara Dashoha Office and she was murdered by piercing her throat with a sharp edged weapon. Therefore, P.W.1- Hoovamma lodged a complaint written by C.W.26- P.W.17 to the jurisdictional police, who registered a criminal case in Crime No.323/2011 against the accused for the offence punishable under Section 302 of IPC.