DHARMENDRA SHARMA S/O OM PRAKASH Vs. STATE OF KARNATAKA THROUGH INSPECTOR, BRAHMAVAR CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE

JUDGEMENT

(1.) This is the appeal preferred by appellant/accused being aggrieved by the judgment and order dated 20.4.2013 passed by the Fast Track Court Judge at Udupi in S.C.No.41/2011 whereunder the appellant/accused has been convicted for the offence punishable under Section 302 of the IPC and he has been sentenced to life imprisonment.

(2.) Brief facts of the prosecution case as per the complaint averments are that the son of the deceased lodged the complaint under Ex.P1 stating that himself, his parents were staying in the house. His elder sister studying in M.Com at Mangalore Konaje University and he is working as Electrician in the Tebma Ship Yard at Malpe. His father is retired Ex serviceman, aged 50 years, he was serving as a Head Security Guard at the State Bank of Mysore at Karkal. On 16.9.2010 his father went to Karkal for his work and the complainant brought him back at 6.30 p.m. from Hiriyadka Kottakatte. During night at 8.00 p.m. they all together had the dinner, at 8.30 p.m. complainant left the house to attend to the work at Tebma Ship Yard, Malpe. He went on the motorcycle and in the house his father and mother were there. On 17.9.2010 morning at 3.30 a.m. his sister Asha phoned to him stating that mother has called her and there may be galata in between the parents and asked the complainant to call to the mother immediately. Then the complainant called to the mother and he asked where is the father. She told that he is not talking and she is frightened and asked him to come to the house immediately. Morning at 5.30 a.m. he left Malpe and came to the house at about 6.30 a.m. When he came to the house, the front compound gate of the house was opened, but the door of the house was closed. He pressed the calling bell, the door was not opened. He made an attempt to open the door, but it was locked from inside. Then he opened the front window and he peeped into the said window by putting the curtain side and he saw the black colour spots on the floor of the house and he has also seen his father was lying on the floor. There were no clothes on his body.

(3.) On the basis of the said complaint a case came to be registered in Crime No.111/2010 for the offence punishable under Section 302 of the IPC.