SRI. K. SUBRAMANI @ MANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused against the judgment of conviction dated 22nd September, 2014 passed in SC No.70 of 2013 and order of sentence dated 23rd September, 2014 on the file of the III Additional District and Sessions Judge, Bangalore Rural District, sitting at Anekal, sentencing the accused to imprisonment for life and to pay a fine of Rs.1,00,000/-, in default to undergo simple imprisonment for a period of three years for offence punishable under Section 302 IPC; so also the accused is sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment for a period of one year for the offence punishable under Section 201 IPC.

(2.) It is the case of the prosecution in brief that Smt. Tanjamma-complainant (PW1) wife of the deceased C.M. Subramani, has lodged a complaint on 19th September, 2012 at 8.30 am, stating that her husband C.M. Subramani and the accused-Subramani are the residents of Chembenahalli and both the accused and the deceased are friends. She further states that about one and half years back her husband has got some amount from the sale of their landed property and her husband has paid Rs.7 to 8 lakhs to the accused as loan. It is averred in the complaint that, the deceased was often demanding repayment of the said amount from the accused and in this regard, the accused promised the deceased that he would repay the loan amount on 18th September, 2012, and accordingly, the deceased left the house on 18th September, 2012 on his TVS Motorcycle bearing registration No.KA-51-U-1516. She further stated that the deceased had called to her mobile phone around 5.30 p.m. and informed that he is yet to receive the amount from the accused and has left the vehicle in the garage. The complainant and her daughter were waiting for the return of the deceased. At around 9.30 pm, the complainant had received a call from an unknown person stating that her husband met with an accident near Muttanallur Cross near Basavanna Temple and immediately, the complainant, her daughter along with some of the villagers, went to the spot and found that her husband was dead. Complainant suspects that the cause for the death of her husband is not on account of the accident, but it is a murder and accordingly, on the following day, i.e. on 19th September, 2012 around 8.30 am, the complainant, along with some of the villagers, visited Sarjapur Police Station and lodged the complaint before PW.12-C.Chandrappa, HC 695 and pursuant to the same, he has registered complaint in Crime No.182 of 2012 and sent First Information Report to the jurisdictional Court. PW.12 has intimated the registration of case to PW.13-Investigation Officer and immediately, the Investigating Officer visited the spot and drawn-up spot panchanama before pancha and seized MOs.1 to 7, MO11 and 12 from the spot under panchanama vide Exhibit P2.

(3.) The Investigating Officer-PW.13 visited Vydehi Hospital and drawn up inquest panchanama (Ex.P4) on the dead body of the deceased-Subramani. On 20th September, 2012 at about 10.30 am the accused was apprehended and the Investigating Officer recorded the statement of the accused and seized MOs.8 to 10 at the instance of the accused under panchanama-Ex.P3 and submitted the seized properties to the jurisdictional court. So also, Investigating Officer produced the accused before the Court and submitted the clothes of the deceased-Subramani under PF.181 of 2012. After completion of investigation, PW13 filed charge sheet before the competent Court against the accused, alleging the commission of offence punishable under Section 302, 201 of Indian Penal Code. After acceptance of charge sheet, the Principal Civil Judge and JMFC, Anekal took cognizance of the offence and committed the case to the Principal District and Sessions Judge, Bengaluru Rural District, by committal order dated 31st September, 2012, after following the procedure under Section 207 of Code of Criminal Procedure.