THIMMAKKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the accused is directed against the Judgment and order dated 13.4.2009 passed in S.C. NO.119/08 by the Prl. Sessions Judge, Chickmagalur, convicting her for the offences punishable under sections-302 and 201 of 1PC and sentencing her to undergo Imprisonment for Life and to pay fine of RS. 2000.00, in default to undergo RI for four months for the offence u/s 302 of Penal Code and to undergo SI for two years and to pay fine of RS. 500.00, in default to undergo RI for a period of one month for the offence punishable u/s 201 of IPC.

(2.) The brief facts of the case are:

(3.) It is the case of the prosecution that the deceased Bhaskar is the husband of PW4 Bhavani. He had developed illicit relationship with the accused since about more than a year prior to the date of occurrence. It is further the case of Prosecution, in due course of time the relationship between the accused and the deceased became strained as the deceased frequently visited the accused even during day time in his drunken condition which was not to the liking of the accused. It is also the case of the prosecution that the deceased in his drunken state was misbehaving with the accused which was also the cause for straining of the relationship between the two. Such being the position, on 29.5.2008 at about 4.00 p.m., the deceased went to the house of the accused fully drunk and misbehaved with her. When she resisted he made galata saying that she has spoiled his family life and so saying he damaged the Almirah, household articles including chair and table and also the tiles of the roof of the house. Seeing the same, the accused pushed him out and closed the door of the house. But the deceased forced his entry into the house by pushing the door. Enraged by this, accused pushed him by her hands, due to which he fell down and thereafter, according to the prosecution, she committed his murder by throttling him. After committing his murder she tied a Lungi to his neck and the other end to roof and made the body to be in a standing position by leaning to the wall to make it appear that the deceased has hanged himself to give a impression that he has committed suicide on his own. It is the case of the prosecution that this occurrence in respect of the galata that was taking place between the accused and the deceased was witnessed by PW2 Srinivasa and PW3 Jalaja, who in turn went and informed the same to PW4 wife of the deceased. PW4 in turn calve to the house of the accused and there on seeing the body of her husband having lean to the wall touched the same, which in turn fell to the ground. She requested the accused who was in the house to give water, but she did not respond to the same. Thereafter by about 5.00 p.m. PW5 came to the house of the accused in order to invite her to attend Stree Shakti Sangha Meeting as the accused was due a loan amount that she had borrowed from the Sangha. After coming to the house, PW5 requested the accused to come to the meeting, upon which she opened the door of room where she was staying and came out. Thereafter PW4 proceeded to Sringeri Police Station and there she filed her complaint as per Ex.P8 before PW12 PSI. PW12 on the basis of Ex.P8 of PW4 registered a case in Crime No.84/2008 for the offences punishable under sections 302, 201 of Penal Code against accused and issued FIR as per Ex.P18 to the Jurisdictional Magistrate. PW12 after issuing FIR proceeded to the spot of occurrence. There he drew up the scene of occurrence panchanama as per- Ex. P1 and under the same he seized MOs.1 to 5. Thereafter he handed over further investigation of the case to PW13 Sudhakara Naik. In the meantime, it is the case of the prosecution, PW7 had informed PWl the employer of PW6 - son of the deceased stating that a galata had taken place and to come near the house of the accused. Accordingly PW1 accompanied by PW6 also came near the house of the accused and they saw deceased lying dead near the house of the accused. Thereafter PW13 who had taken over investigation held inquest over the body of the deceased and drew up inquest panchanama as per Ex. P2 in the presence of the pancha PW1. After completing Ex.P2 he forwarded the body for subjecting to PM examination by issuing a requisition, in response to which PW-11 the Medical Officer conducted Autopsy over the body of the deceased and issued PM report as per Ex.P17. PW13 continuing the investigation, drew up the scene of occurrence panchanama as per Ex.Pl in the presence of the pancha PW1. PW13 thereafter recorded the statement of the witnesses including witnesses PWs.2, 3, 5, 6, 7, 8, 9 and 10. He also secured the sketch Ex.P16 from PW10 by issuing proper requisition. PW13 thereafter also recorded the statements of the other witnesses cited in the charge-sheet, secured the relevant docuioents, viz., PM report, FSL report, sketch and on completion of the investigation submitted Final report against the accused before the Jurisdictional Magistrate. The learned Magistrate thereafter committed the case of the accused to the court of Sessions, which in turn on receipt of the records secured the presence of the accused, framed the charges against her as aforesaid to which the accused pleaded not guilty but claim to be tried. The prosecution in support of its case examined in all PWs.1 to 13 and got marked Exs.P1 to P19 and M.Os.1 to 14. The accused has not got marked in defence exhibits. After the closure of the prosecution evidence, the accused in her 313 statement denied all the incriminating circumstances that were put to her found in the evidence of the prosecution witnesses and also submitted that she has no defence evidence to lead. Total denial of the prosecution case is the defence of the accused. The learned Trial Judge on consideration of the oral and documentary evidence on record came to the conclusion that the Prosecution has established the charges levelled against the accused and accordingly by the impugned Judgement and order convicted and sentenced accused as aforesaid. The appellant/accused being aggrieved by the Judgement and order of conviction and sentence is in appeal before this court.