ANAND Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by accused No. 2 by assailing the judgment and order of conviction and sentence passed by the Fast Track Court No. X, Bengaluru, dated 27.9.2012 in S.C. No. 83/2009.

(2.) The brief matrix of the case of the prosecution is that, the complainant Linga Reddy was residing along with his deceased wife Smt.Lakshmi and children in residential quarters at No. 318/D West Colony, Railwheel Factory, Yelahanka New Town, Bengaluru. On 13.8.2008, at about 1.00 p.m., accused No. 1 came to the house of the complainant along with CW.2-Srinivasa. On seeing accused No. 1, complainant identified that, he is the son of his maternal aunt and on that day they had lunch. On 14.8.2008, at about 11.30 a.m., C.W.2- Srinivasa who used to reside opposite to the house of the complainant, noticed that, accused Nos. 1 and 2 were proceeding towards the house of the complainant. By seeing C.W.2, accused No. 1 tried to cover his face to avoid to show his face to C.W. It is further alleged that, thereafter accused Nos. 1 and 2 entered into the house of the complainant, at that time deceased Smt.Lakshmi was present in the house, they requested her to provide water for drinking. It is further alleged that when she brought water, accused No. 1 pressed her neck and accused No. 2 put cloth into her mouth, when she fell down, accused persons tied her neck with a pillow cover cloth and caused the murder. It is further alleged that accused Nos. 1 and 2 thereafter took away money from almirah and they also robbed gold ornaments found over the body of the deceased Lakshmi. When the daughter of the complainant came from school, the door was opened, she entered into the house and saw her mother Lakshmi was lying in the passage. She tried to wake her up, immediately she went to neighbouring house and informed one Saraswathi who also tried to wake her up and she noticed injuries on the forehead of the deceased Lakshmi and the ornaments were missing. Thereafter she informed the said fact to the complainant who was in his office. Immediately, the complainant after obtaining the permission from his boss, was proceeding to his house, on the way he saw C.W.2 and one Doreraj taking his wife Lakshmi in a car to the hospital. He also went along with them to the hospital, where he noticed that she is dead and the ornaments were missing. At that time, C.W.2-Srinivasa told him that he saw accused No. 1 who has been brought by him previous day, he along with another person were proceeding towards his house, under the impression that he is his relative, he went to withdraw the amount from ATM counter. On the basis of such allegations, the complaint was filed by the complainant, based on which a case was registered in Crime No. 187/2008 for the offence punishable under Sec. 302 r/w Sec. 34 of IPC. After completion of investigation, charge-sheet was filed against the accused. Thereafter, the learned CJM, Bengaluru took the cognizance and after following the procedure under Sec. 207 of Crimial P.C. since the alleged offences are triable by the Court of Sessions, he committed the case to the Sessions Court. Thereafter, the Sessions Court took the cognizance and after securing the presence of accused Nos. 1 and 2, after hearing them about charge, charge has been framed, to which accused Nos. 1 and 2 pleaded not guilty as such, the trial was fixed.

(3.) In order to prove its case, the prosecution has got examined PWs.1 to 21 and got marked Exs.P1 to P39 and MOs.1 to 12. After closure of the prosecution case, statement of the accused under Sec. 313 of Crimial P.C. was recorded. Accused No. 2 did not lead any defence on his behalf. During the course of trial, accused No. 1 reported to be dead, hence the case against accused No. 1 was ordered to be abated on 15.9.2011.