REGISTRAR GENERAL Vs. MOHAN KUMAR

JUDGEMENT

(1.) The appellant (hereinafter referred to as 'accused') who is sentenced to death by order of IV Additional District and Sessions Judge, Dakshina Kannada, Mangaluru in S.C.No.96 of 2010, dated 17.12.2013 / 21.12.2013 for the offence punishable under Section 302 of Indian Penal Code, 1860 (for short 'IPC') is in appeal before this Court. He has also challenged his conviction and sentence for various terms of imprisonment and fine for other offences punishable under Sections 366, 376, 392, 394, 328, 417, 465, 468, 473 and 201 of IPC.

(2.) The case of the prosecution is that, the deceased Kumari Anitha, aged 22 years, was the resident of Kodimane, Borimaru Village, Bantwal Taluk. She was rolling beedies. The accused whose real name is Mohan Kumar calling himself as Sudhakar Kulal, developed intimacy with the deceased, obtained her mobile number and started contacting her. He gradually induced her to marry him and to follow him. Believing the accused who belongs to the same caste as that of the deceased, she decided to go with him. The accused informed the deceased to accompany him by wearing gold ornaments and new clothes. As per their pre-plan, on 17.06.2009 deceased Kumari Anitha went to B.C.Road bus stand wearing gold ornaments. The accused took her in a bus to Hassan and both of them stayed in Sanman Lodge at Hassan. They spent the night together in Room No.23 of the said lodge. It is alleged that the accused had sexual intercourse with the deceased against her will.

(3.) On 18.06.2009, in the early morning, on the pretext of taking her for an interview, the accused persuaded her to keep her gold ornaments and mobile phone in the room making her to believe that she was required to appear like a rustic woman. He took her to the KSRTC bus stand and insisted her to take some medicine given by him to prevent pregnancy. He convinced her that immediately after taking the said medicine, she was required to pass urine and drink tea within five minutes. Accordingly, the deceased took the cyanide poison given by the accused, went inside the toilet and consumed it. She lost her breath and in that manner the accused committed her murder. Thereafter, the accused returned to the lodge, carried away her gold ornaments and mobile phone and fled away from the spot of occurrence.