BOBY MATHEW Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction dated 21st of august, 2001 passed by the learned Sessions Judge, Bangalore, in Session Case No. 281/1995 finding the accused/appellant guilty of the offence punishable under s. 302, I. P. C. , and sentencing him to undergo imprisonment for life with a fine of rs. 5000/- carrying default sentence, the present appeal Is filed.

(2.) THE brief facts, giving rise to the present incident as projected by the prosecution, are as follows : The deceased-Dr. Ravish, his wife dr. Nivedita P. W. 7 and son Sushrutha P. W. 9 were residents of Banashankari area in bangalore. Both husband and wife were medical practitioners having their separate attendance in different hospitals. Apart from being a medical practitioner, the deceased was also interested in photography, computer graphics, music and painting. Accord-Ing to the prosecution out of these few hobbies, photography was his passion. This passion of photography by the deceased was so much that even while going on professional duty, he used to carry his photography kit bag along with the medical bag also. He had acquired or purchased costly cameras and other photography accessories to pursue his hobby and in fact he had also set up a dark room in his house to develop photographs as well as had other accessories like enlarger.

(3.) ACCORDING to the prosecution, the accused-Bobby Mathew, resident of Sadanandanagar of K. R. Puram, N. G. E. F. , Layout, a student of B. E. Course then, was also interested in photography and it is not in much dispute as spoken to by his sister P. W. 4 Petsy and father P. W. 5 Sri Mathew Thomas, the accused had set up a dark room in his room on the first floor of house bearing No. 278, sadanandanagar, N. G. E. F. Layout. Accord-Ing to the prosecution, these common hobbles and interests between the accused and the deceased brought them together and the relationship grew up somewhere in the range of close friendship or acquaintance with each other.