SHIVAPRASAD Vs. STATE

JUDGEMENT

(1.) The appellant/accused who has been in judicial custody since last 13 years has filed the present Criminal Appeal against the judgment of conviction and order of sentence dtd. 19/3/2019 made in S.C.No.365/2009 on the file of the XXXII Additional City Civil and Sessions judge and Special Judge for CBI cases, Bengaluru (CCH-34), convicting the accused for the offence punishable under Sec. 302 of the Indian Penal Code sentencing him to undergo imprisonment for life and to pay fine of Rs.10,000.00, in default, to undergo simple imprisonment for a period of six months.

(2.) It is the case of the prosecution that the deceased Thulasi, aged about 48 years was residing along with her son-P.W.3 and daughter- P.W.4, aged about 14 and 22 years respectively, at House No.8, 9th D Main, I Block, HRBR Layout, Bengaluru, within the jurisdiction of Banaswadi Police Station and her husband Ravishankar-P.W.5 being an Engineer was staying at Abudhabi. Initially, accused was driver under P.W.6-Ramaswamy, neighbour of the deceased, and as some differences arose between them, P.W.6 removed the accused from driver job. It is further case of the prosecution that at the time when accused was working under P.W.6, he gained confidence of the deceased and her husband, and used to visit their house. As the husband of the deceased was in abroad, the deceased Thulasi used to go to functions with the help of accused in his car. During such times, the accused had seen the jewels being worn by the victim and thereby he thought that the victim might be possessing much more jewels, as her husband was working in abroad and hatched a plan to steal the jewels when her children were not at home, so that he can live a happy life by purchasing a new car. When things stood thus, on 27/6/2008, realizing that the children of the victim had went to school and victim was alone at home, at 9.45 am, the accused entered the house of the victim, spoke confidently with her and took a knife from the kitchen room and stabbed her on the neck and other parts of the body. In the scuffle, the victim snatched the knife and attempted to assault the accused with the said knife. When the accused tried to escape, the knife came in contact with the left cheek of the accused and the accused sustained scratch injury on his left cheek. Thereafter, accused went to first floor of the house and took away 905 grams of gold kept in the godrej almirah, cash of Rs.7,000.00 and Nokia mobile belonging to the victim, and ran away from the spot. It is further case of the prosecution that as usual, on 27/6/2008, P.W.3-Master Akshay Kumar, son of the deceased, aged 14 years studying in 8th Standard and Urmila-P.W.4, daughter of the deceased, aged 22 years left for their school and college at about 7.30 am and the victim was alone in the house. Further, as usual, at about 4 or 4.30 pm, P.W.3/son of the victim returned home on his bicycle and rang the cycle bell. Usually, his mother used to come out of the house and open the gate to receive him. Since, even after ringing the cycle bell for 5 to 10 times, his mother did not come out, P.W.3 went inside the gate and peeped into the house through window and noticed that his mother was lying on the floor. He pushed the door and went inside the house and found that his mother's face was covered with a pillow. He noticed blood on the floor, near the neck and a blood stained blade on the other side of the body. He was under the impression that his mother was unconscious and therefore, poured water on her face. When there was no response, he went out screaming, to the neighbour house i.e., Smt.Ragamma/P.W.2 and explained her about his mother. Immediately, P.W.3 and PW.2 came to the house of the deceased and called the deceased but there was no response. Thereafter, P.W.2 came out of the house of the victim saying that she would inform the husband of the victim who was at Abudhabi. Thereafter, neighbours gathered at the spot and somebody informed the police, who came to the spot and saw the dead body.

(3.) It is further case of prosecution that, P.W.4- daughter of the victim who was pursuing her engineering at Vemana Institute of Technology, Koramangala, as usaual, returned home at 6.30 pm and found that number of people had gathered infront of the house and also noticed the presence of police. Her aunt Mangala informed that somebody had killed her mother. Thereafter, she noticed that almirah and wooden cupboard in the first floor were opened and scattered on the floor and the gold ornaments were missing. She further noticed cut injury on the neck and stab injury on the right side of the stomach of her mother and clothes were blood stained. The Thali chain and gold bangles were missing. Thereby, P.W.3 lodged the police complaint as per Ex.P.1. The jurisdictional police registered a case and after investigation filed charge sheet against the accused for the offence punishable under Sec. 302 of the India Penal Code. After committal of the matter, the learned Sessions Judge secured the presence of the accused and framed charge for the offences punishable under Ss. 302 of the India Penal Code.