SRINIVAS Vs. STATE BY TAVAREKERE POLICE

JUDGEMENT

(1.) The present appeal has been preferred by the accused being aggrieved by the judgment and order of conviction and sentence imposed by the Presiding Officer of Fast Track Court III, Bengaluru Rural District, Bengaluru in S.C.No.172/2010 dated 15.04.2011. Wherein, the appellant/accused has been held guilty for the offence punishable under Section 302 of IPC and he has been sentenced to life imprisonment and to pay fine of Rs. 15,000/-.

(2.) Brief facts of the prosecution case as per the complaint averments are that PW-1 Smt.Lakshmamma, own sister of the deceased lodged complaint which is marked at Ex.P-1, stating that she is residing in the address mentioned in the complaint along with her husband. They are two daughters and a son to their parents. Complainant is the elder daughter, Krishnappa is the 2nd one and Kamalamma, the deceased is the third daughter to their parents. All are married. Kamalamma was given in marriage to accused person about 10 years back. Their native place is Kempapura, Thippasandra Hobli, Magadi Taluk and as they were from poor family, they came to Bengaluru and were residing at the address mentioned in the complaint. Since from the date of marriage the accused husband of Kamalamma also came to Bengaluru and he was doing Mason work. Her sister was working in the Garments. The deceased and her husband were having 9 years old daughter by name Yamuna and 1 ' years old son by name Pavan Kumar. The husband and wife were not so cordial. On 18.01.2010 at 6.00 a.m. Yamuna alongwith neighbour Nirmala and her father came to the complainant's house and informed that her sister Kamalamma is not at all responding and there was injury and bleeding on the face of the deceased and it appeared that she expired. The Husband Srinivas was also not seen in the house. Then, complainant and her husband went to the said place to see what had happened. Then, when they enquired Yamuna about the fact, she stated that on 17/18.01.2010 at about 130 mid night two unknown persons tapped the door and when deceased opened the door, those unknown persons came inside and did galata and they assaulted on the lower limb of the father of Yamuna and due to fear Yamuna slept off. The husband of the deceased or some unknown persons with some weapon has assaulted deceased and caused injury and for some reason they have committed her murder. Gold chain and mobile phone of the deceased were not seen. Hence, she requested to ascertain the assailant and take appropriate action. She also stated that as she is illiterate, one Rangaswamy wrote the complaint as per her say.

(3.) On the basis of the said complaint, FIR came to be registered under Section 302 of IPC against unknown person. Subsequently, during investigation the present appellant has been apprehended.