MANJA PUTTEGOWDA Vs. STATE

JUDGEMENT

(1.) These two Criminal Appeals are preferred against a common judgment of conviction and sentence passed by the Fast Track Judge at Srirangapatna in SC No. 131/2006 vide judgment dated 26.7.2011. Criminal Appeal No.1251/2011 is filed by A1-Nagesha and Criminal Appeal No.945/2011 is filed by A2-Manja. After due trial, the learned Sessions Judge has convicted and sentenced A1 to undergo rigorous imprisonment for life and to pay fine in a sum of Rs. 10,000.00 with a default clause of simple imprisonment for one year for the offence punishable under section 302 of IPC. Both A1 and A2 were also convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000.00 each and in default to undergo simple imprisonment for three months for the offence punishable under section 201 of IPC. The trial Court has also awarded compensation of Rs.25,000.00 to PW-1 and PW-13, father and mother of the deceased. In view of the above said common judgment, we feel it just and necessary to consider both the appeals together. We retain the ranks of the appellants as per their ranks before the trial Court for convenience.

(2.) The brief factual matrix as could be seen from the entire case papers are that:

(3.) In this context, it is the further case of the prosecution that, the marriage of the said Vasantha was fixed and the engagement ceremony was also performed. That on 8.3.2006 PW-1 Chandrashekar and his wife PW-13 Rathnamma had been to distribute the marriage invitation card in the village. The accused having frustrated because of the reason of the arrangements of the marriage of the deceased Vasantha, he had decided to eliminate the said Vasantha as she refused to marry him. On that particular fateful day of the incident, at about 7.00 p.m., PWs.2 to 4 and deceased Vasantha had been to put on the fuse in the Electric Pole near the house and at that time, the accused was also present and they have put the fuse in order to get the electricity. After the said act, the accused called Vasantha under the guise that, he would like to talk to her for some time. Accordingly, at that time, he took Vasantha along with him. But, thereafter the said Vasantha did not return to the house. PWs.-1 and 13 came back to their house at about 8.30 p.m., and came to know Vasantha did not come back to the house. Thereafter, they searched for their daughter Vasantha, but they could not locate her whereabouts. Therefore, PW-1 has given a missing complaint as per Ex.P-1 to the police in which he suspected the hands of A1 and A2 and others by name Gajendra and Pujari Ramesh. Thereafter, Srirangapatna Police registered a case in Crime No.70/2006. The search was in progress. It is the further case of the prosecution that on 11.3.2006, the police have arrested A1 and A2 and in fact, they disclosed before the police about the offence committed by them. On the basis of such information as per Ex.P-15, the Sub-Inspector of Police, sent one more FIR to the Court for the offences punishable under sections 302 and 201 of IPC.