NARSIMMURTHY S/O LINGAPPA Vs. STATE AND ORS

JUDGEMENT

(1.) The judgment and order of conviction dated 6.12.2007, passed by the Court below in SC.No.216/2006 is questioned by the convicted accused. The accused-appellant was charged, tried and convicted for the offence punishable under Section 302 of IPC.

(2.) The case of the prosecution in brief is that Lakshmidevamma is the complainant-victim. Ex.P4 is the complaint. She was residing with her husband and two children at Chinnenahalli Village, Madhugiri Taluk. At about 10 months prior to the incident, the accused started teasing the victim whenever she was going on the road. The accused used to tell her that he wanted to have her company and if she agreed for illicit relationship with him, he would give her whatever she wanted. However, the deceased did not agree for the same. In spite of the same, the pressure and pestering by the accused continued. But the deceased did not disclose the aforementioned facts to her husband for fear of domestic problems. The accused taking advantage of the same, came to her house four months prior to the incident in question and closed the door from inside. Victim cried out of fear. At that time, some neighbours and her husband had caught hold of the accused and had beaten him. However, the complaint before the police is not lodged. Even thereafter, whenever she was going for coolie work, the accused used to tell her that he wanted her company and that he would take revenge of the humiliation caused to him by the victim and her relatives. He had even threatened her with dire consequences in case if she did not allow him to have illicit relationship with her.

(3.) PW.7-Dr.Manjunath admitted the victim to District Hospital at Tumkur, before whom the statement of the victim was recorded by the PSI (PW.16) at about 10.00 p.m. on 7.9.2006 as per Ex.P.4. The said dying declaration is treated as complaint and the same came to be registered in Crime No.60/2006 on 7.9.2006. The police after getting the postmortem report and conducting inquest proceedings as also after completion of the investigation, laid the charge sheet.