STATE OF KARNATAKA Vs. RAJAN S O KESHAVAN

JUDGEMENT

(1.) Five accused took trial in the Sessions Court for offences under Sections 449, 396 and 307 I.P.C. and all of them were convicted under Sections 449, 396, 307 and 395 IPC and each of them sentenced to suffer imprisonment for life and to pay a fine of Rs. 250/- in default to suffer R.I. for three months. Though conviction was recorded under Section 395 IPC as well no separate sentence was passed. While the appellants A-2 to A-4 have challenged their conviction in Cr. A. No. 221-92 the State has sought enhancement of sentence in Cr. A. No. 217/92. A-1 Rajan has not challenged his conviction or sentence. In Cr. A. No. 217 / 92 however he is respondent No. 1 and Sri S. G. Bhagawan, a Senior Counsel, was appointed Amicus Curiae to defend him whereas other accused-respondents were represented by their Counsel who represents them in the other appeal filed by them.

(2.) The case presents a gory incident of two murders and injury to some of the witnesses on the evening of 21-9-1988 in the house of Savitridevi alias Janaki Bai, 60 years of age, living in the second-floor of "Savitri Nivas" a three storey building bearing No.106, Railway Parallel Road, Kumara Park West of Bangalore. The said building has a cellar, ground-floor and three other floors over it. In September 1988 when this incident occurred, in the cellar portion were living three tenants, the ground-floor was vacant and the first-floor was occupied by PW-36 Gopal N. Chug son of the said Savitridevi and his family. His father Neechal Dass had died in the year 1977. PW-36 Gopal and PW-34 Muralidhar are the two sons of the said Savitridevi, PW-34 being the younger between them. After her husband's death Savitridevi made some arrangement regarding the occupation of this building. In the year 1984 the ground-floor was allotted to PW-34 who was then living in B.D.A. quarters, Austin Town. In 1982 he embraced Islam and changed his name to Gulam Mohamed. P. Ws. -34 and 36 were doing business from 1977 to 1985. In 1985 however PW-34 became a partner in Bangalore Roadlines along with two others by name Imthiaz and Ayoob. Though the ground-floor was allotted to him in 1984 it appears till about 1990 he did not change his residence but continued to live in the B.D.A. quarters. Thus at the time of this incident the ground-floor of Savitri Nivas was vacant. In the first-floor lived PW-36 with his wife and children. PW-36 has two sons by name Sanjay (PW-2) and Amith. Vandana and Sangeeta are the two daughters of the said Savitridevi. Vandana was living at Tipture with her husband and children. Sunil one of the deceased persons was the son of the said Vandana and though the third-floor was allotted to sangeeta that was also vacant. In addition to the wife and two sons of PW-36, Yashodha and Vijaya maid-servants were also living in that house. The second-floor was occupied by Savitridevi and Bhagya (PW-3) was her maid-servant. Sunil had come from Tiptur to learn business and was living with Savitridevi as a member of her house-hold. Thus in brief when this incident occurred there were living in the first-floor PW-36, his wife, his two sons and their two maid-servants whereas in the second-floor were living Savitridevi, Sunil and her maid-servant Bhagya. There were separate telephones in the first-floor as well as the second-floor.

(3.) A-1 who is a painter by profession was well acquainted with Savitridevi and used to visit her house frequently for three years before. She knew Sindhi, Hindi, Kannada and Tamil languages well. In 1985 deceased Savitridevi and PW-34 her another son started a school and wanted the name-board of their school painted. It was at that time that P. W.-32 Palani a carpenter introduced A- 1 to them. This A-1 in turn was introduced to PW-32 by a washerman or Dhobi by name Umapati. A-1 did paint the board for the school as instructed by P W-34 and his mother. Six months later Gopal PW-36 got painted a scenery for this house by A-1 through the intervention of PW-32. A- 1 had in fact did such work for one Murthy in the neighbouring bylane. In fact the work done by A-1 found appreciation of PW-36. That scenery was painted in the bed-room of the residence of PW-36. It appears the school did not make any progress, it was closed about six months before this incident and the deceased was on the lookout for a tenant for the building in which the school was functioning. P W-32 was asked to look for a good tenant by the deceased.