RAMESH @ MAHESH @ RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 02.08.2011 passed by the Fast Track Court -8 at Bangalore City in S.C. No. 992/2010 convicting the appellant for the offence under Section 307 and 326 IPC and sentencing him to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 2,500/ - for offence under Section 307 IPC and to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,500/ - for the offence under Section 326 IPC with default clause of imprisonment for one year.

(2.) IT is the case of the prosecution that on the intervening night of 18.04.2010 and 19.04.2010 at about 1.00 a.m. in the house bearing No. 672, 13th Cross, Kempegowda Main Road, BHEL Layout, Rajarajeshwarinagar, within the limits of Rajarajeshwarinagar police station, the appellant with an intention to commit the murder of his wife Smt. Sowmya, when she refused to give the money which was earned by her through illegal activities assaulted her on her back, neck elbow, ears and both hands by means of a chopper (machhu) and caused grievous injuries and attempted to commit the murder of Smt. Sowmya and thereby the appellant is alleged to have committed an offence under Section 307 IPC. Further, on the aforesaid date, place and time, the appellant has caused grievous hurt to Guru by assaulting him on his right hand by means of a chopper and caused grievous bleeding injuries when he tried to rescue Smt. Sowmya and thereby the appellant is alleged to have committed an offence under Section 326 IPC.

(3.) AT about 4.30.a.m. on 19.04.2010, the Rajarajeshwarinagar Police recorded the statement of one Shanthamma W/o Nagaraja, resident of R.R. Nagar. In the said complaint, it is stated that she is residing alongwith their family in the house of one Puttaraju on tenancy basis since the last four years. She is working in the Health Department in Bangalore and her husband Nagaraja is working in the Water Supply Company near Ideal Homes at National View Public School Compound. They have got a daughter by name Sowmya, aged 22 years and a son named Kumar, aged about 20 years. Her daughter Sowmya was working in the garments factory and at that time, she loved one Mahesh @ Rajesha and on coming to know about it, she got their marriage solemnized in the Gali Anjaneya Temple. Mahesh @ Rajesha who is the accused herein, was a lorry driver and he was residing in their house but thereafter, he was not going for work at all. She advised him and bought a house for rent in Marappa Layout. The accused brought his sister to his house and both her daughter and the said sister of accused by name Prabha were working in the garments factory. After some time, both the husband and wife quarreled with each other and thereafter, they went to Bomannahalli and remained there. It is stated in the complaint that her daughter became pregnant and hence, both the accused and her daughter came back to the house. The accused was forcing her daughter to give a sum of Rs. 70,000/ - to purchase a lorry. Her daughter delivered a male child and immediately thereafter, both her daughter and the accused made a house in Mutturayanagar and they started residing there separately. The accused had sold all the ornaments given to her daughter and has used it for his own use. The accused was not working and he was sending his wife, i.e., the daughter of the complainant for illicit activity in and around the Majestic and Market area and he was only bringing her back which fact she came to know after about 6 months from one Gowramma. She advised her daughter not to indulge in such activity and to lead a moral life. Thereafter, she purchased a sewing machine and gave the same to her daughter. In the meantime, her daughter delivered a female child. It is further stated in the complaint since about 7 months her daughter and accused were residing in the house of one Radamma in BHEL Layout. Her son -in -law was sending his wife for illicit activity even from the said house and for about 4 to 5 days prior to the date of complaint, both her daughter and son -in -law were coming to her house in an auto and were counting the money. There was a frequent quarrel regarding collection made in the illicit activity by her daughter. It is stated that on 18.04.2010 at about 2.00 a.m., when she was in the house, her grand son by name Darshan came alongwith the police to her house and informed that his father has assaulted his mother at about 1.00 a.m. midnight and thereafter, he (accused) went away alongwith his sister. The complainant thereafter went alongwith the Hoysala police to the house of her daughter and thereafter, she came to know that her daughter has been shifted to the Manipal Hospital and when she went to the hospital, she came to know that her son -in -law, the accused had assaulted her daughter in connection with the collection of amount made through the immoral activity. It is brought to her notice that the accused had assaulted her daughter on her neck, back, elbow, ears and hands by a chopper and he also assaulted one auto driver Guru when he had intervened between the couple. Hence, she has requested for suitable action against her son -in -law. The Rajarajeshwarinagar police on receipt of the above complaint registered the same in Crime No. 82/2010 for offences under Section 324, 326 and 307 IPC and commenced investigation.