PRADEEP Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed being aggrieved by the judgment of conviction and sentence passed by the learned Principal Sessions Judge, Tumkur, in Sessions Case No. 57 of 1999, dated 28-2-2001 holding the appellant guilty of the offence under Section 302 of the IPC and sentencing him to undergo life imprisonment.

(2.) THE factual matrix as per the prosecution is as follows. The deceased Jayamma was married to one Ramachandrappa and about 8 to 10 years prior to the incident, she had deserted him and started living at Sira town as a mistress of P. W. 6-Syed Siraj. She was working as a sweeper in 'geetha Lodge' at Sira. The accused Pradeep was also working as a servant in a nearby hotel called 'ashoka Hotel'. As per the prosecution case, illicit intimacy developed between the accused and the deceased. P. W. 6, on coming to know of this, had in fact advised the deceased not to have connections with the accused, but it appears, it fell on deaf ears and the illicit relation continued. It appears, thereafter, the accused started pestering the deceased to leave P. W. 6 and marry him, which the deceased alleged to have refused and this according to the prosecution developed ire in the mind of the accused.

(3.) AS per prosecution, on 18-3-1999 while the deceased was working in Geetha Lodge, at about 7. 00 p. m. , the accused alleged to have come there and again pestered the deceased to marry him and on her repeated refusal to accede to his request, alleged to have assaulted on the deceased indiscriminately with a chopper he was carrying. Attracted by the cries of Jayamma, few of the inmates and nearby people including P. W. 5-Mohamed Fazlu Rehaman and P. W. 7-Ramachandraiah, Police Constables on beat and present duty nearby, P. W. 9-G. Manjunatha and P. W. 11 came to the spot, p. W. 9 disarmed the accused and detained him. P. W. 5, the Police Constable, with the help of others immediately shifted the injured Jayamma to the government Hospital and there while she was under treatment, the PSI, P. W. 16-Eradasappa, on receipt of information went to the hospital and recorded the statement of the injured Jayamma as per Exhibit P. 13. On the basis of this first information, a case in Crime No. 73 of 1999 for the offence under section 307 of the IPC is registered against the accused and investigation is taken up. However, later on, as Jayamma succumbed due to the injuries, the offence was altered from Section 307 of the IPC to Section 302 of the IPC and investigation is taken. The accused, as already stated, was apprehended at the spot itself. Necessary mahazars like spot mahazar, inquest proceedings are held in the presence of independent mahazar witnesses, statement of various witnesses recorded, clothes of the accused and the deceased, as well as the weapon chopper M. O. 6 are seized and sent to FSL. After completion of the investigation and receipt of all the necessary reports including the chemical analysis and autopsy, the accused is charged for the offence under Section 302 of the IPC.