RUDRESH @ RUDRAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction and sentence dtd. 27/11/2017 passed in S.C.No.10018/2017 on the file of the V Additional District and Session Judge, Shivamogga, sitting at Sagar for the offences punishable Ss. 364 and 302 of IPC.

(2.) The factual matrix of case of prosecution is that the complainant is the resident of Alavalli of Sirsi, Siddapura. It is the case of prosecution that in the year 2011, the complainant got married to one Kumarswamy of Basaveshwara Nagar of Haveri district and her husband is working as a mechanical engineer in one company at Pune. They had a son by name Srujaya aged about 31V years. They are following Moolegadde Mutt and she is visiting there whenever she comes to her native place. The complainant had come to her native for the marriage of her sister. On 8/4/2017 she had been to the said Mutt with her mother-Renuka and son-Srujaya in order to attend the coronation ceremony of new Swamiji. It is also the case of persecution that other relatives of the complainant were also there in the Mutt. This accused was serving in the said Mutt and assisting the Swamiji and there was an ill-will between the complainant and accused since the complainant and her mother used to advise him with regard to the affairs of the said Mutt.

(3.) That on 10/4/2017, during the night, they took food and slept in the Mutt by locking the doors. The son was sleeping with her. On 11/4/2017, at about 05.30 a.m., one Rajaiah woke her up and said that child was not found and hence, they immediately searched for the child and found that doors of Mutt were opened. Herself and her grandmother-Gowramma and relatives i.e., Mahadevamma, Ashwini and others have searched for the child but not found. The complainant learnt that someone had kidnapped her son when they were sleeping. It is also the case of prosecution that accused came from outside when they were searching and on enquiry, he has not given any answer thus, the complainant suspected the role of the accused that he might have kidnapped her son. It is also the case of the prosecution that there was some change in the health of the complainant and others on the next day who took food last night. Hence, lodged the complaint against the accused.