RANGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused filed the present Criminal Appeal against the judgment of conviction dtd. 9/8/2017 and order of sentence dtd. 14/8/2017 passed in S.C.No.82/2015 on the file of the Principal District and Sessions Judge, Tumakuru, convicting the him for the offence punishable under Sec. 302 of the Indian Penal Code and sentencing to undergo rigorous imprisonment for life with fine of Rs.50,000.00 in default, to undergo simple imprisonment for a period of two years, and convicting for the offence punishable under Sec. 376 of Indian Penal Code and sentencing to undergo rigorous imprisonment for a period of ten years with fine of Rs.25,000.00, in default, to undergo simple imprisonment for a period of one year.

(2.) It is the case of prosecution that, P.W.1-Nagesh, brother of victim-deceased Rathnamma, filed complaint-Ex.P.1 dtd. 25/6/2015, stating that, he is permanent resident of Javanahalli, Kasaba Hobli, Sira Taluk, Tumakuru District. Rangappa and Rangamma are his parents. He is the elder son in the family. His elder sister-Lalitha is married. His younger sister-Rathnamma/victim, aged 21 years, completed her Bachelor Degree in Arts from Badavanahalli Government College. She had joined computer classes in Badavanahalli. She used to return home from computer class at 3.30 pm. As usual, on 25/6/2015, Rathnamma went to computer class at 10.30 am. Till evening she did not return home. He was under the impression that she might have gone to her friends house. When he was working in the village Dairy, around 6.15 pm, people who came to Dairy were talking among themselves that some one has murdered a girl by slitting her neck in Doddahalla situated by the side of road running from Gulagenahalli to Javanahalli. He along with his uncle's son- Prasanna Kumar went to spot and saw that the girl who was murdered was none other than his sister and noticed that some miscreants had thrown the chutidar pant, underwear and veil worn by his sister-Rathnamma on the bush and had raped her. Under the fear that she may reveal the incident, they have murdered her by poking her neck with some weapon, and had thrown the school bag nearby, which she used to carry every day. The incident might have happened between 3.00 pm to 5.00 pm. Therefore, prayed to apprehend the accused and punish in accordance with law.

(3.) The jurisdictional police registered a case in Crime No. 149/2015, drawn the mahazar as per Ex.P.2 and seized M.Os.1 to 9, investigated the matter and apprehended the accused. Later, recorded the voluntary statement of the accused as per Ex.P.21, and recovered M.Os.10 to 14. Thereafter, Investigating Officer filed the Charge Sheet.