GAVISIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order dated 26.2.2011 passed by the Fast Track Court -I, Bangalore City in SC. No. 828/2008 is called in question in this appeal by the convicted accused.

(2.) CASE of the prosecution in brief is that the deceased Vijaya @ Vijayamma was a maid servant working in the house of the complainant -Ashalatha Shetty (PW. 5) since 4 to 5 years prior to her death; accused was the Gardner in the house of the complainant (PW. 5); wife of the accused was also engaged as maid servant for certain period by PW. 5 in her house; however, PW. 5 did not allow the wife of the accused to continue to work as maid servant in her house, inasmuch as her conduct was not good; on 25.6.2007, at about 4.00 p.m., the accused went and asked PW. 5 to continue his wife as maid servant; however the said request was refused by the complainant -PW. 5; at about 2.30 p.m. on 26.6.2007, accused went to the house of PW. 5 and once again pressurized her to take the services of his wife as maid servant; however, again the said request was refused by the complainant -PW. 5; when the complainant was talking with the auditor over phone, the accused started stabbing Vijaya @ Vijayamma with knife; on being questioned by the complainant, the accused tried to snatch her ear -studs; he snatched the gold neck chain along with the pendent from the complainant; accused stabbed the complainant also with the knife on the left forearm and left wrist; thereafter he ran away from the scene along with the gold chain; the complainant saw Vijaya @ Vijayamama who had fallen on the floor with bleeding injuries; on raising hue and cry, the neighbours came inside the house; police came to the house of the complainant and shifted the injured Vijayamma to the hospital; Vijayamma succumbed to the injuries on 15.10.2007; till then, Vijayamma was treated in Shanabhag Nursing Home and thereafter in Penasia Hospital and subsequently to K.C. General Hospital, Bangalore; the injured complainant (PW. 5) was also treated in Shanbhag Nursing Home; the gold ornaments robbed by the accused were valued at Rs. 70,000/ - during the relevant point of time.

(3.) SRI Swamy, learned advocate appearing on behalf of the accused -appellant herein taking us through the entire material on record, submits that the Court below is not justified in convicting the accused either for the offence punishable under Section 302 of IPC or for the offence punishable under Section 394 of IPC; there is no direct nexus between the injuries sustained by Vijayamma and her death; the incident has taken place on 26.6.2007 and the death has occurred on 15.10.2007; since the doctor who treated the victim at Penasia Hospital is not examined before the Court and as no medical records are forthcoming, it would not be possible for the Court to connect the death of the victim to the injuries sustained by her. He further submits that the evidence of eye witness -PW. 5 appears to be artificial, inasmuch as she has not lodged the complaint immediately after the incident. On these among other grounds, he prays for allowing the appeal.