ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi in S.C.No.63/2015 dated 18.01.2017.

(2.) We have heard Sri Mallikarjunswamy B. Hiremath, learned counsel appearing for the accused/appellant through virtual hearing and Sri V.M.Banakar, learned Additional SPP, who is present before the Court.

(3.) The brief facts of the case as averred in the complaint are that the complainant being an advocate was residing in Navanagar along with his parents and elder brother who is a doctor. On 26.12.2014, complainant returned home at about 5.30 p.m. and after relaxing for sometime, went to the chambers of his senior colleague by 7.15 p.m. Earlier to that, his father and brother left to the clinic at about 6.30 p.m. and on that unfortunate day, complainant returned home at about 8.25 p.m. and knocked the closed door which was not opened. Complainant peeped through the window by the side of the door and noticed the broken tea-poy in the hall and his mother's knee from the bed room. Again, he knocked the door but it was not opened. Thereafter, he called his brother to come with key as he was not having the key of the house. Thereafter, his brother came and on opening the door, they noticed the broken bangle pieces and broken leg of the tea-poy on the floor and by entering the bed room, they found the mother lying on the floor in prone position. Her face was tied with white checks towel and one white and grey mixed small towel with blood stains was lying nearby and they also found a wound on the fore head. On removing the towel, he felt that his mother was alive. Immediately, they together took her in their car bearing registration No.KA-02 MB 2352 to nearby SDM Hospital, where on examination the doctor found her dead. Immediately thereafter, said information was given to APMC Police and in the presence of police, three cupboards were searched and noticed some gold articles and cash were found missing and on the basis of the complaint, case has been registered in Cr.No.107/2014. Thereafter, after investigation the charge-sheet came to be filed. The committal Court committed the case to the Sessions Court and the Sessions Court took the cognizance and after hearing both the sides charge was framed, read over and explained to the accused. Accused pleaded not guilty and he claimed to be tried and as such, trial was fixed.