RANGASWAMY H.H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused No.1 is directed against the judgment of conviction and order of sentence dtd. 8/12/2016 passed in S.C.No.26/2016 by the 1st Additional District and Sessions Judge, Chitradurga, convicting the appellant/accused No.1 for the offence punishable under Ss. 498(A) , 302 , 201 and 203 r/w Sec. 34 of IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000.00 for the offence punishable under Sec. 302 of IPC and further, directed to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Sec. 201 of IPC and to undergo rigorous imprisonment for a period of 2 years for the offence punishable under Sec. 498(A) of IPC and also directing him to undergo rigorous imprisonment for a period of 1 year for the offence punishable under Sec. 203 of IPC. It is ordered that all sentence shall run concurrently.

(2.) The factual matrix of the prosecution case is that the Chitradurga Town Police registered the Crime in Cr.No.419/2015 dtd. 23/9/2015 at about 17 hours for "missing person" namely one Divya, on the basis of the complaint of accused No.1 who is none other than her husband. Later the police investigated the matter and arrested accused No.1 and accused No.2-one Rathnamma, who is none other than the mother of accused No.1 in the aforesaid crime and registered the FIR against them for the offence punishable under Ss. 498(A) , 302 , 201 and 203 r/w Sec. 34 IPC based on the further complaint lodged by PW.1-Gangadharappa, who is the father of the deceased Divya. It is alleged in the complaint that his daughter Divya had completed BBM and MBA in Manipal University and she was unemployed. When she was studying at Holalkere, accused No.1-Rangaswamy was also studying at Holalkere Government College and they both fell in love. As such, accused No.1 wanted to marry Divya. However, marriage of Divya was fixed with one Suresh and during the course of marriage talk, it was decided to give Rs.1,80,000.00 and 10 thola of gold to the said Suresh as a dowry and accordingly, engagement was performed. Later, the said marriage was cancelled and the said Suresh informed the patents of the deceased Divya that Rangaswamy i.e., accused No.1 had taken Divya and requested them not to search her. Accordingly, accused No.1 married Divya and after the marriage, he was insisting his wife to get Rs.1,80,000.00 which was promised to give Suresh. As such, he used to quarrel with the deceased and used to give mental and physical torture. Even, he used to snatch Mangalsutra/Thali from his wife and sent her to the parents house. The said deceased Divya was working as a part time teacher in a Computer Coaching School at Holalkere. It is the further case of the prosecution that the deceased Divya came to the house of PW.1- complainant for Gowri festival and informed PW.1, her mother and her sister that her husband is torturing her to bring money. Things stood thus, on 20/9/2015, accused No.1 telephoned Divya and asked her to come to home as he is not well. Hence, PW.1 sent his daughter with one Raghu. Later on 22/9/2015, the second daughter of PW.1 received the SMS to her phone No.8495065602 from the mobile of Divya stating that herself and her husband were going to hospital. On the same day, at about 10.29 p.m., PW.2-Chitra, the second daughter of PW.1 received another SMS to her mobile that Divya is going with her old friend and not to search for her. Hence, PW.1 started to call his daughter, however, she did not received the call. Though, the second daughter of PW.2-Chitra, continuously called his sister Divya but there was no response. Later PW.1 came to know that on 23/9/2015, the accused gave a missing complaint before the police stating that in the evening at about 7.00 p.m., Divya went to bath room in private bus stand, Chitradurga, and she has not returned and she was not traceable. However, PW.1 suspected his son-in-law that he must have done something to his daughter and thereby, he requested to make an enquiry. Hence, PW.1 along with others went to the house of accused No.1-Rangaswamy and took him to the police station wherein accused No.1-Rangaswamy revealed before the police by way of confession statement that on 29/10/2015, the accused, with an intention to take away the life of Divya, took her to the Clinic of Dr.Sajjan and from there, he got an Indica Car of his friend Nagaraja and on the way to Chitradurga, he purchased a gunny bag in a provisional store of one Ramesh at Holalkere and near Janakonda Village Gate, Anjaneyaswami temple at about 8.00 p.m., he stopped the car and made his wife Divya lay on the back seat and assaulted her and inserted plastic covers in her mouth, strangulated with her vale and thereby, removed her gold jewels and destroyed the evidence by way of deposing the dead body by taking the same in the said car on National Highway towards Davanagere and near Ghoshala of Adhichunchanagiri bridge built on Katralu lake, he stopped the car and put five stones in the gunny bag and drowned the body in the said gunny bag and threw the body in the lake and took away the jewels of the deceased. Hence, the respondent-police conducted the investigation, recovered the dead body of the deceased from the place shown by the accused and thereafter, laid the charge sheet against the accused for the afore-stated offences before the committal Court.

(3.) On committal of the case to the Court of Sessions, the learned Sessions judge framed the charges against accused Nos.1 and 2 for the offences punishable under Ss. 302 , 201 , 203 and Sec. 498(A) r/w Sec. 34 of IPC and the charges read over to the accused. However, the accused denied the charges and pleaded not guilty for the charges levelled against them and claims to be tried.