PRAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) THE, learned Principal Sessions Judge, Dakshina Kannada, Mangalore, has submitted the proceedings in S. C. No. 64 of 1994 on the file of her Court for confirmation of sentence of death passed by the said Court for the offence of murder punishable under Section 302 of the IPC. Cri. A. No. 1050 of 2002 is filed by the accused who is convicted for the offence punishable under Section 302 read with Section 397 of the IPC and sentenced him to suffer death for the offence of murder. The Division Bench of this Court in its order dated 11-4-2002 directed the Registry of High Court to intimate the convicted accused about the fact of reference through jailer and if he desires to prefer an appeal against conviction and sentence that he is free to do so and if such an appeal is filed either through Advocate or jailer, those proceedings be listed along with the present reference. Thus an appeal is filed under Section 374 of the Cr. P. C. challenging the conviction and sentence passed by the learned Principal Sessions Judge, Dakshina Kannada, Mangalore. Both the matters have been directed to be placed before this Court after paper books were prepared. We have heard the learned Additional Public prosecutor for the State and Sri Rajendra C. Desai, Advocate for the convicted accused in both these matters.

(2.) IT is the case of the prosecution that the accused Praveen Kumar is the son of deceased Smt. Appi Sherigarthy's brother. Before his marriage, he stayed for about 3 years in the house "shivakrupa" of Smt. Appi Sherigarthy situated at Vamanjur in Tiruvail Village of Mangalore taluk. He was a tailor by profession. At that time, he was working both at Vamanjur and Mangalore. After his marriage, he shifted his residence to Uppinangadi, his native place.

(3.) SMT. Appi Sherigarthy had three sons and three daughters. Her daughter Shakuntala and granddaughter Deepika were staying with her while Shakuntala's husband, P. W. 7-Jayantha G. S. was employed at muscat. P. W. 8-Sarojini, another daughter of Appi Sherigarthy was living with her husband at Mangalore. One of Sherigarthy's son Govinda was also staying with her. Her house "shivakrupa" was situated on mangalore Karkala road. It is alleged that on the morning of 24-2-1994 p. W. 2-Kum. Revathi, 12 year old girl, who was supplying milk to Smt. Appi Sherigarthy had gone to her house as usual at about 7. 30 a. m. to give milk. She called out Appi Sherigarthy, but she-received no reply. But she could see Appi Sherigarthy having fallen on the floor with blood by her side. She returned to her house and reported the same to her grandmother. She also went to the house of P. W. 1-Suresh Kumar and informed about the said fact. The mother of P. W. 1 who came to know of this fact directed P. W. 1 to go to the house of the deceased Sherigarthy and verify the fact. P. Ws. 1 and 2 again came to the house of Appi sherigarthy and called her by her name, but did not get any response. Therefore, they went near the window which was opened towards the northern direction, but they could not see anything. They came back and reported the same to the mother of P. W. 1. At about 10. 30 a. m. the mother of P. W. 1 sent P. W. 1 to bring vegetables, she also asked P. W. 2 to go with P. W. 1 to the house of Appi Sherigarthy. Accordingly, both of them went again near the house of Appi Sherigarthy and called out her name again, but they did not get any response. Therefore, they went to the vegetable shop of P. W. 4-Placy Lobo and narrated to her as to what had happened. Then P. W. 4 accompanied by P. Ws. 1 and 2 came near the house of Appi Sherigarthy. They entered the house which had been opened from the southern direction, they first saw deceased Appi Sherigarthy lying dead with bleeding injuries; then they went to another room where they saw Govinda with bleeding injuries; then went to the adjacent room where they saw the dead bodies of Shakuntala and her child with bleeding injuries on their head. Blood had flown on the ground. They all came out of the house, P. W. 4-Placy Lobo sent P. Ws. 1 and 2 to their house, she came back and informed her husband about the same and requested him to inform the police. P. W. 32-Vishwanatha pandith, the Sub-Inspector of Police, Mangalore Rural Police Station was at Pachanady at about 11 a. m. In connection with investigation of cr. No. 44 of 1994, he received a wireless message to the effect that four dead bodies were found in the house at Vamanjur coming within the jurisdiction of Rural Police, Mangalore. He immediately went to the place of incident, he secured P. W. 1-Suresh Kumar and recorded his statement as per Ex. P. 1. On the basis of Ex. P. 1, P. W. 32 got a case registered against an unknown person in Crime No. 46 of 1994 for offences punishable under Sections 449, 302 and 380 of the IPC and submitted FIR to the Court. He sent message to the District Police Office to send dog squad and fingerprint expert immediately to the place of occurrence. In the meantime, he collected the crime number from police station through wireless, held inquest over the dead body of Appi sherigarthy in the presence of P. W. 9-Chandrahasa Rai and others as per Ex. P. 2 and seized bloodstains in a bottle and bloodstained sari, bloodstained blouse, bloodstained skirt of Appi Sherigarthy which are marked at M. Os. 22 to 25. He thereafter held inquest on the dead body of Shakuntala in the presence of same panchas and drew up inquest panchanama as per Ex. P. 4 and seized M. O. 1 bloodstained wooden reaper, M. O. 31-bloodstained nighty, M. O. 32-bloodstained bram, M. O. 33-sample of blood in a bottle and M. O. 34-two pieces of wood. He then recorded the statements of two witnesses viz. , Smt. Indira and Richard maskarenias. He also directed his colleague, P. W. 29-Gopalakrishna shetty to hold simultaneously inquest over the dead bodies of Govinda and Deepika along with him and P. W. 29 drew up inquest panchanamas as per Exs. P. 3 and P. 5. He thereafter sent the dead bodies for postmortem examination and then recorded the statements of P. W. 2-Kum. Revathi, P. W. 4-Flasy Lobo, P. W. 5-Albert Lobo and C. W. 8-Ramani and c. W. 10-Seetharama Poojary. In the meantime P. W. 30-K. R. Venkatesh, fingerprint Expert, Mangalore, came to the spot. P. W. 32 requested him to take chance prints of the culprits, if any, from the spot. P. W. 30 examined the showcase glass, two almirahs, one cash tin box, two suitcases and one scent bottle box and yardly powder box. He noticed two chance fingerprints on one of the almirahs that was in the room. He lifted the two chance prints that were found on the almirah on two glass pieces which are marked at Exs. P. 25 and P. 26. He also got admitted fingerprints of the accused, examined them and issued a certificate as per Ex. P. 27. On the next day viz. , 25-2-1994, the Circle Inspector of police, P. W. 33-J. Papaiah took over further investigation of this case from P. W. 32. P. W. 33 visited Wenlock Hospital, Mangalore, where the dead bodies were sent for post-mortem examination, he came to the place of occurrence situate at Vamanjur, questioned the witnesses who were already examined by P. W. 32. He examined and recorded the statements of P. W. 3-Prema N. Shetty, P. W. 6-Seetharam D. Gurpur, P. W. 8-Sarojini and other witnesses on 27-2-1994. During the course of investigation, it revealed that the accused was visiting the house of the deceased. On the next day, he recorded the statement of P. W. 7 Jayantha and others. He deputed his staff and apprehended the accused. The accused was produced by P. W. 31 before P. W. 33 on 2-3-1994 at 10. 30 p. m. He interrogated him and recorded his voluntary statement, the admissible portion of which is marked at Ex. P. 35. On the next day, he secured P. W. 10-Dr. Sathish Mallya and two others. On the information furnished by the accused, they went in a vehicle to Uppinangadi. On the way they took another panch, P. W. 12-B. Rama Bhat. On reaching Uppinangadi, the accused led them to his house and then took them near a bamboo bush located in a hillock viz. , the areca garden belonging to his father. The accused then went near a bush and took out a bundle tied in a kerchief and opened the same. On opening the bundle, the accused produced M. Os. 2 to 17 which were recovered by the I. O. under the panchanama Ex. P. 6. M. Os. 19 and 21 were also recovered under panchanama Ex. P. 6, M. Os. 42, 43 and 44 were recovered under panchanama Ex. P. 7, M. Os. 18, 45 and 46 under panchanama Ex. P. 8, m. O. 47-sickle under panchanama Ex. P. 11, M. Os. 48 and 49 under panchanama Ex. P. 12, He also seized M. Os. 50 to 55 from the shop of p. W. 25 under panchanama Ex. 16. He also seized a cheque under panchanama Ex. P. 9. After completing the formalities of investigation, on receipt of post-mortem report, the report of the fingerprint expert and fsl report, submitted final report before the jurisdictional Court for the offences punishable under Sections 302 and 392 of the IPC. 3-A. The accused entered his appearance through his Advocate, he was charged for the offences punishable under Sections 302 and 392 read with Section 397 of the IPC. Since the accused denied the charges framed against him and in proof of the said charges, the prosecution examined as many as 33 witnesses and got marked 38 documents and 55 material objects. The contradictions elicited during the course of cross-examination are got marked at Exs. D. 1 to D. 4. The accused was also examined as required under Section 313 of the Cr. P. C. with reference to the incriminating evidence which appeared against him. The accused had denied the truth of the prosecution evidence. As it was not a case of acquittal under Section 232 of the Cr. P. C. , the accused was called upon to enter his defence. But, the accused had not chosen to lead any evidence on his behalf. The learned Trial Judge thereafter heard the arguments of the Public Prosecutor for the State and the learned Counsel for the accused and recorded a finding of guilt of murder against him.