FELLIX JOANNAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant-accused has preferred this appeal against the judgment dated 25-2-1995 passed by the learned Additional Sessions Judge, Shimoga in S. C. No. 33/1993 convicting the appellant-accused of the offence under S. 302, I. P. C. and sentenced to undergo imprisonment for life.

(2.) THE prosecution case, briefly is, as follows :- Marry alias Asha (deceased) was the younger sister of Francis Rodrigues (P. W. 2) of Sagar. Her father had expired and the family depended upon Francis Rodrigues, being the eldest son of the family. He performed the marriage of the deceased with the accused-Fellix-Joannas on 16-10-1991. The accused started telling the deceased that he wanted to search for a job abroad. In that regard the deceased and accused visited Bombay, some times in the early part of 1992. After coming back from Bombay, the accused asked the deceased to arrange through her brother Rs. 10,000/- for visa and passport. Marry was feeling very delicate to ask her brother Francis. However, she visited Sagar in the month of May, 1992. Marry requested Shamala, her close friend to give the money. Shamala gave Rs. 10,000/- to Marry in the month of July, 1992. The same amount was given by Marry to the accused. The accused went to Bombay and returned back by saying that he was cheated by an agent. Marry was shocked. In the month of November, 1992 Shamala visited Shimoga and asked the deceased Marry to return the amount of Rs. 10,000/- because Shamala wanted to obtain a fair price shop licence. Marry assured her that she will make some arrangement in December, 1992. As demands of Shamala were increasing Marry asked her younger sister Leena Rodrigues, who was employed as a nurse in Manipal Hospital to arrange for money. Marry visited Sagar and met Shamala and paid her Rs. 3,000/- on 29-12-1992. For the balance amount, Marry requested for time. Whenever Marry demanded money the accused become violent and Marry suffered harassment at the hands of the accused. On 2-2-1993 Shamala met Marry in Shimoga, after attending interview in the Tahsildar Office. Shamala demanded the balance amount of Rs. 7,000/- from Marry. Marry requested time till 6th or 7th of February. Shamala was the last person, who met Marry just three days prior to her death.

(3.) ON 6-2-1993 at 9. 00 a. m. Francis received a telegram regarding the death of Marry. He rushed to Shimoga with his family members and noticed the dead body of Marry lying in the house of the accused. There was only one deep circular ligature mark around the neck. The body was lying in the centre room. Accused was present. But he did not give proper answer to the questions of Francis.