NAVEEN @ NAVEENKUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the II Addl. Sessions Judge and Special Judge, Bangalore Rural District, Bangalore in Spl.C.No.151/2010 dated 24.11.2011 convicting the appellant/accused for the offence punishable under Section 306 of IPC and sentencing to undergo RI for a period of five years and to pay a fine of Rs.15,000/-, in default, to undergo SI for a period of six months. Further, the fine amount of Rs.15,000/- was ordered to be paid to PW.2 - Nagaraja as compensation and in default, to pay the fine amount, the same was ordered to be recovered from him as arrears of land revenue. Further, the accused was acquitted of the offence punishable under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Sri Hashmath Pasha, learned senior counsel for the appellant and learned HCGP for the respondent - State and perused the impugned judgment rendered by the trial Court.

(3.) The factual matrix of the appeal is that a girl by name Ashwini, aged about 16 years, studying in II PUC in a college known as Lavanya Composite PU College, at Doddaballapura, being the daughter of present complainant - PW.2, committed suicide in the residential house of her parents situated at village by name Tapasihalli. The deceased and the accused and their parents are also residents of the said Tapasihalli. The said Ashwini committed suicide on 30.07.2010 in the evening. At the relevant period i.e., during June 2010, said Ashwini was a college going student studying in PUC II year in the above mentioned college. Her parents' house was situated in Tapasihalli. She used to travel daily by bus and other mode from her house to college for attending the classes. PW.2 - Nagaraj and PW.4 - Nagaveni are said to be the parents of the deceased -Ashwini. The accused is said to be doing business in his village. PW.13 - Hemavathi is the daughter of paternal senior uncle of deceased and also a college going student who was studying in II B.A. in the Government College at Doddaballapura at the relevant point of time. PW.13 used to reside with her parents in village at Gundammanagere and she also used to travel daily from her house to college by bus and other mode. To proceed to the Government college where PW.13 was studying, one has to pass in front of the Lavanya Composite PU College where deceased Ashwini was studying. DW.1 is the Principal of Lavanya Composite PU College. It is the case of the prosecution that since two months prior to the death of deceased, whenever deceased used to go and come back from the college, on the way, accused was expressing love towards her and saying that he wanted to marry her. Even he used to go near the college and was expressing his desire. But the deceased did not accept the said proposal and desire of the accused and she had also expressed the same to the accused. In that regard, accused threatened the deceased that, if she does not agree to marry him, she and her family members will be driven out from the village-Tapasihalli and he would intimate the boys who come to interview for marrying deceased that he had impregnated the deceased. The same was intimated by the deceased to her family members. In this connection, the parents of the deceased advised him not to indulge in such acts and he obeyed the same for some period.