H. M. HALASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the II Addl. District and Sessions Judge, Davanagere in S.C.No.112/2010 dated 14.09.2012 wherein accused Nos.2 and 4 were convicted for the offences punishable under Sections 302, 201, 109, 120-B read with Section 34 IPC and they were sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- each, in default to pay fine amount, to undergo R.I for two years, for the offence under Section 302 IPC. Further, under Section 201 r/w Section 34 of IPC, they were sentenced to undergo R.I for three years and to pay fine of Rs.10,000/- each and in default to undergo RI for one year. Further, under Section 120-B read with Section 34 of IPC, accused Nos.2 and 4 were sentenced to undergo imprisonment for life and to pay fine of Rs.25,000/- each and in default to undergo R.I. for two years.

(2.) The factual matrix of the appeal is as under: It is stated in the theory of prosecution that accused No.2 - Halaswamy is the husband of deceased Roopa, accused No.4 - Smt.Sharadamma is the mother of accused No.2 and mother-in-law of deceased Roopa. Accused No.1 - Nagaraja is stated to be working as a small contractor in connection with works of the office of accused no.2 - Halaswamy who was working as Engineer in Zilla Panchayat at the relevant point of time. It is further stated that accused Nos.1 and 2 were in good terms with each other and as a result of the contract work said to have been allotted by accused No.2, accused No.1 was under his obligation. It is further alleged that accused No.2 - Halaswamy was addicted with bad habits and it appears that there was some matrimonial dispute between accused No.2 and deceased Roopa. Accused Nos.2 and 4 were hatching a plan to go for second marriage for accused No.2 Halswamy and they were in search of bride and to clear their way for second marriage, they made a conspiracy with each other and took assistance of accused No.1 - Nagaraj to kill deceased Roopa. In pursuance of their common intention they entrusted the said work to accused No.1 and in pursuance of such plan, on 01.06.2010 between 10.30 a.m. to 11.30 a.m. while deceased Roopa was alone in the house and taking bath, at that time accused No.1 by using alternative door lock key of the house of deceased from accused No.4 - Sharadamma, entered the house and committed murder of deceased - Roopa by putting cloth on her face and throttling her and robbed the golden ornaments belonging to her. It is further alleged that immediately CW.1 - Karibasamma the maid servant working in the house of deceased - Roopa came to the house for attending her routine work and inspite of she pressing the calling-bell the door was not opened and by that time she noticed that accused No.4 - Smt. Sharadamma was sitting in front of adjacent house and on her enquiry accused No.4 misled PW.1 - Karibasamma asking her to bring the mobile from inside the house by stating that some person of dark complexion ran away from the house of deceased and in the meantime, CW.2 Smt.Savithramma, mother of the deceased and CW.3 Kumari Anitha their relatives came to the house of the deceased and by entering into the house, they noticed deceased Roopa was murdered in front of the bath room. Immediately, they tried to give first-aid to her and noticed that she has lost her breath. It is further alleged that accused No.4 - Sharadamma being motherin-law of the deceased and residing in the adjacent house of her another son had given a complaint to Vidyanagar police station against unknown persons. Based upon her complaint, CW.51 - PSI of Vidyanagar Police station registered a case against unknown persons in Cr.No.112/2010 for the offence punishable under Sections 302 and 192 of IPC and as per the instructions of their superiors handed over further investigation to CW.52.

(3.) It is further alleged that CW.52 circle Inspector of Police of City Central Circle, Davanagere has took up further investigation and he visited the spot, conducted spot panchanama in the presence of panchas and thereafter conducted inquest proceedings over the dead body of deceased - Roopa and handed over further investigation to CW.53 the then Police Inspector, District Special Branch and DCIB Division, Davanagere. Whereas, CW.53 stated to have conducted further investigation and arrested accused No.1 and at his instance he is stated to have seized the gold ornaments and money which belonged to deceased - Roopa and other incriminating articles stated to have been used for commission of offence and he has also arrested other accused, recorded the statement of witnesses and after completion of investigation he laid the charge sheet against accused Nos.1, 2 and 4 for the offences punishable under Sections 302, 201, 109, 120-B read with Section 34 of IPC and as against accused No.3 for the offence punishable under Section 411 of IPC. Accused No.3 - Vishal Kumar @ Vishal Kumar Sanghvi was deleted as per order of this Court in Crl.R.P.No.962/2011 dated 26.09.2011.