VENKATARAMANASWAMY, S/O PAILVAN NAGARAJ @ NAGARAJ Vs. THE STATE OF KARNATAKA, BY KADUGODI POLICE, BANGALORE RURAL DIST.

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 16.11.2007 rendered by the Sessions Judge, Fast Track Court - IV, Bangalore Rural District, in Sessions Case No. 40/2007, whereby the appellant - accused has been convicted for the offences punishable under Sections 302 and 506 of IPC and sentenced to suffer simple imprisonment for life and to pay fine of Rs. 25,000/ - in default to undergo further imprisonment for a period of one year. Under Section 506 of IPC, he has been sentenced to undergo simple imprisonment for a period of three years. The prosecution case, in brief, is that the deceased -Nagaraj was residing alone at Belatturu Colony. He allegedly had illicit relation with Venkatalakshmi - P.W. 11. The accused was apprehending that the deceased would give the entire property to Venkatalakshmi - P.W. 11. He allegedly assaulted his father - Nagaraj on 02.04.2006 at about 6.00 P.M., with the chopper. When the incident occurred Geetha - P.W. 10 was present in the house and she, according to the prosecution, witnessed the incident. Smt. Ammayamma - P.W. 13, mother of the deceased was also in the house at the relevant time. After the occurrence, Geetha - P.W. 10 disclosed the incident to her mother -Venkatalakshmi - P.W. 11, to one Lakshmi - P.W. 5, and to Gopalappa - P.W. 6. She then lodged an FIR, on the basis of which, the crime was registered and investigation was set in motion. After the investigation was completed, a charge sheet was filed. The case was then committed to the Sessions Court.

(2.) BEFORE the Sessions Court, the prosecution examined 16 witnesses and placed several documents, such as P.M. report, different panchanamas, etc., on record along with five material objects, namely Chopper (M.O.1), Banian (M.O.2), Lungi (M.O.3), Bloodstained Mud (M.O.4) and Sample of Mud (M.O.5). Based on the evidence of Geetha - P.W. 10 supported by the evidence of Gopalappa - P.W. 6, Venkatalakshmi -P.W.11 and Ammayamma - P.W. 13 and so also the recovery panchanama, the Sessions Court convicted the accused for the offences punishable under Sections 302 and 506 of IPC.

(3.) THE star witness in the case is Geetha (P.W.10). She is the daughter of Venkatalakshmi - P.W. 11 with whom, the deceased allegedly had illicit relation. On the date of incident, i.e., 02.04.2006, Geetha was in the house of the deceased. At the relevant time, namely about 7.30 P.M., she was watching T.V., in the house along with the other children, namely Manju and Ravi. The accused was also in the house. The deceased, Nagaraj was sleeping inside the house and according to this witness, the accused was moving in and out and was angry. At that time the accused came out from the room, where the deceased was sleeping, and fled stating "you deserve this" (I) Geetha - P.W. 10 immediately went inside the room and saw the deceased who was lying in a pool of blood. She immediately rushed to the house of her sister -in -law, Rajeshwari and informed about the incident. Rajeshwari told her to inform the incident to Gopalappa (P.W.6). Geetha informed the incident to her friend, Lakshmi (P.W.4). They both went to the house of Gopalappa to inform him about the incident. He was not present in the house. When they were returning back, on the way, the accused chased them stating that "you wanted to disclose everything to Gopalappa." Geetha and Lakshmi (P.Ws. 10 and 4) on seeing the accused and hearing his utterances, ran towards the house of Gopalappa and took shelter there. Thereafter they went to Kadugodi Police Station and lodged the FIR. Geetha - P.W. 10 supported the prosecution case partly and hence she was declared hostile. In the cross examination on behalf of the prosecution, she admitted that she had seen the accused assaulting the deceased with chopper on his neck.