LAWS(KAR)-2015-8-100

THAHEER NISSAR Vs. STATE OF KARNATAKA

Decided On August 31, 2015
Thaheer Nissar Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE appellant -accused has questioned the judgment and order of conviction dated 21.06.2011 passed by the I Addl. Sessions Judge, Mysuru in S.C. No. 139/2010. Under the said judgment, accused has been convicted for the offences punishable under Section 392 read with Sections 397 and 302 of IPC; the accused has challenged the correctness and validity of the said judgment on the grounds as mentioned in the appeal memorandum.

(2.) BRIEF facts of the prosecution case are that PW -1 -Rajamma, who is the daughter -in -law of deceased Shivamma, has lodged the complaint on 29.11.2009 before Mandi Police Station, Mysuru, alleging that herself, her husband, her two children namely Hemanth and Veerabhadraswamy and her mother -in -law Shivamma were staying together in the house situated at B.N. Road, Mandi Mohalla. Her mother -in -law Shivamma took one old house in Akbar Road long back on rental basis and during the day time deceased Shivamma was doing coconut business and coin -booth. On 28.11.2009, Shivamma after completing her day's business, came to their house at 6.30 p.m. and had meals and slept there. In the early morning she woke up, had coffee and at about 6.45 a.m. she went to the old house in Akbar Road. At 8.30 a.m. complainant prepared the breakfast for the deceased and sent it through her son Hemanth, who came back and informed the complainant that grand -mother might had been to somewhere and hence, he kept the tiffin box in the house and without verifying properly about the presence of Shivamma, he came back.

(3.) ON the basis of the said material, the Trial Court initially framed the charge for an offence punishable under Section 302 of IPC, subsequently the charge was amended, and it was for the offence under Section 392 read with Section 397 of IPC and also under Section 302 of IPC.