DAYA SAGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused No.1 who is convicted for the offences punishable under Sections 302, 397 and 449 of the Indian Penal Code ( IPC for short) and sentenced to undergo imprisonment for life, simple imprisonment for three years and rigorous imprisonment for a period of five years and fine of Rs.5,000/-, respectively, has preferred this Appeal challenging the validity of the judgment of conviction and order of sentence dated 10.11.2017 passed in S.C.No.56/2014 on the file of the VI Additional District and Sessions Judge, Tumakuru.

(2.) The complainant by name P.K.Thanujamma, milk vendor, as usual went to the house of the deceased Yashodhamma on 10.09.2013 at about 7.00 am to lend milk and when there was no response, grew suspicious, went inside the house as doors were kept open and found Yashodhamma lying dead on the floor near the kitchen. Immediately she informed the neighbours who in turn informed the children of the deceased, who were residing at Bengaluru. After the news spread, the complainant visited the police station and lodged the complaint. The police registered a case initially against unknown person based on the complaint lodged by Thanujamma-P.W.1 under Section 302 and 392 of IPC in Crime No.161/2013 on 10.09.2013 at about 10.00 AM. After thorough investigation, police filed Charge sheet against the appellant and another accused person by name T.Sundar, Son of K.Thangavelu Acharya. During the course of investigation, the police seized M.Os. 6, 7 and 8 which are gold ornaments and M.O.9-mobile phone of the deceased from the house of one Kempegowda.H.K.-P.W.18 and the said gold ornaments marked as M.Os.6, 7 and 8 were identified as that of the deceased.

(3.) After receipt of the Charge Sheet, the learned Magistrate took cognizance of the offence alleged against the accused persons and committed the matter to the Sessions Court, as the offences were exclusively triable by the Sessions Court.