K.N. SUBRAMANYA @ BALASUBRAMANYA AND OTHERS Vs. STATE OF KARNATAKA BY THE POLICE OF SAKLESHPUR POLICE STATION HASSAN DISTRICT

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 19.12.2008 passed by the Fast Track Court -I and Additional Sessions Judge, Hassan, convicting the Accused No. 1 for committing the offence under Sections 302 and 201 of IPC and Accused No. 2 for committing the offence under Section 109 read with 302 IPC and sentencing them to undergo imprisonment for life and to pay fine of Rs. 2,000/ - each, in default to pay fine amount, to undergo simple imprisonment for six months each for the offence under Section 302 of IPC and further sentencing Accused No. 1 to undergo rigorous imprisonment for two years and to pay fine of Rs. 2,000/ -, in default to pay fine amount, to undergo simple imprisonment for six months for the offence under Section 201 IPC. Accused No. 1 is the husband of Accused No. 2 and they are referred in this judgment according to their ranking before the trial Court.

(2.) IT is the case of the prosecution that the deceased Ravindramurthy was a friend of Accused No. 1 and that the deceased through Accused No. 1 became friendly with Accused No. 2 and was in the habit of visiting the house of the Accused; that Accused Nos. 1 and 2 had a daughter by name Kavitha, who had come of age. The Accused No. 1 on some earlier occasion in the year 1995 had seen his wife Accused No. 2 in the company of the deceased in the house of father of Accused No. 2 and on coming to know of their illicit relationship, the Accused No. 1 raised objection for such relationship of the deceased with Accused No. 2. At that time, the deceased had assaulted the Accused No. 1 as a consequence of which Accused No. 1 had filed a complaint before the Police. After investigation the said complaint was charge sheeted against the deceased. However, relationship of the deceased with Accused No. 2 continued. In this connection, it is the case of the prosecution that the Accused No. 1 had gone to the STD booth of the deceased at Rajajinagar and had caused damage to the STD booth in respect of which a complaint was lodged. However, at the intervention of Accused No. 2, compromise was arrived at. It is further case of the prosecution that the deceased was also eyeing at the daughter of the Accused Nos. 1 and 2 who had just come of age, and that when an objection was raised by Accused No. 2 regarding his eyeing on their daughter, deceased had requested Accused No. 2 to give their daughter in marriage to him since the deceased was unmarried till the said date. Because of this incident, it is the case of the prosecution that both Accused Nos. 1 and 2 wanted to do away with life of the deceased. It is the further case of the prosecution that on 15.4.2000 as consequence of the instigation of Accused No. 2, the Accused No. 1 took the deceased in his Tata Sumo vehicle bearing registration No. AP 02/D 2709 from Bangalore to Kukke Subramanya temple and on the way to the said temple, when they reached Sakleshpur the Accused No. 1 has strangulated the deceased by means of a clutch wire purchased by him at Bangalore and killed him and thereafter he had poured petrol on the dead body of the deceased and set him on fire and dumped the dead body near the fence of an estate by the side of Bangalore -Mangalore Highway.

(3.) IT is the case of the prosecution that since the deceased did not return, P.W. 5 -R. Shanmugam who is the brother of the deceased lodged a missing complaint before the Subramanyanagar Police Station, Bangalore on 21.4.2000 stating that his brother has not come back ever since 16.4.2000 and therefore missing complaint in Crime No. 110/2000 had been registered at Subramanyanagar Police Station for 'man missing ™.