LALAN @ LALAN KUMAR CHOUDASYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 17.09.2014 passed by the Principal Sessions Court, Bengaluru, in S.C.No.408/2011 is called in question in this appeal by the convicted accused. The sole accused/appellant is tried and convicted for the offence under Section 302 of IPC.

(2.) THE case of the prosecution in brief is that deceased - Lathakumari is the wife of Sri. Madesh @ Mahadesh (PW.5); out of the wedlock between the deceased and Madesh, two children were born including PW.16 (Kumar Nandan), aged about 13 years; PWs.1 and 7 are the parents of the deceased; PW.14 was the paramour of the deceased; the husband of the deceased was an Engineer and was working in Saudi Arabia since more than four years prior to the incident; the deceased and PW.5 had taken a house on rent in T. Dasarahalli, Peenya, Bengaluru; PW.5 used to come to Bengaluru from Saudi Arabia once in two years; both the children were studying in Bengaluru; as aforementioned, the deceased was having illicit relationship with PW.14 (Nanjappa); about six months prior to the incident, however the said relationship between PW.14 and the deceased was stopped; the accused -Lalan is the brother of Mamatha, who was the friend of deceased; said Mamatha used to come to the house of deceased frequently; accused also used to visit the house of deceased frequently and used to talk with the children and teach them about computer. In the night intervening between 17.12.2010 and 18.12.2010, the deceased was murdered in her house by strangulating her; PW.16 -son of the deceased got up and saw the dead body of his mother; PW.5 -husband of the deceased who was working at Saudi Arabia during the relevant point of time got the message sent by the parents of the deceased; PW.1 (father of deceased) came along with his relatives and saw the dead body and lodged complaint as per Ex.P1, based on which Crime No.827/2010 came to be registered by PW.18 -Inspector of Peenya Police Station. After completion of investigation, PW.18 laid the charge -sheet against the appellant for the offence under Section 302 of IPC.

(3.) IN order to prove its case, the prosecution in all examined 19 witnesses, got marked 19 exhibits and 13 material objects. On behalf of defence, no witness is examined. As aforementioned, the Trial Court convicted accused for the offence under Section 302 of IPC.