(1.) This is an appeal preferred by the accused challenging the legality and correctness of the judgment of conviction and sentence dated 28.05.2010 passed by the Fast Track Court-II, at Bellary in S.C.No.06/2008, whereby sentenced him to undergo rigorous imprisonment for a period of 5 years and further directed him to pay compensation of Rs.1,00,000/- to PW.3 and PW.4 for the of fence punishable under section 304(II) of the Indian Penal Code.
(2.) Brief ly stated the facts are that, the accused being the relative of the deceased Parvathi was frequently visiting Bellari to collect money from the relatives including the complainant and deceased Parvathifor his personal needs. Two months prior to the incident, the deceased Parvathi complained before the complainant Shanthamma that the accused has demanded Rs.20,000/- from her and to collect of the same he is harassing her. In spite of Parvathi pleading her inability to pay the amount he was troubling her. That on 22.08.2007 the grand daughters of complainant namely, Eramma and Veenutha who are the children of the deceased together came to her house crying they told her that, their maternal uncle Parashuram had come to the house on the previous, he quarreled with their mother for money. Their mother did not pay money, therefore, he assaulted on the head of their mother and pushed her to ground. He sat on her chest and squeezed her neck and killed her. Then he took the dead body in a bed sheet and dragged it to the bath room. The accused also searched the alamara to find out money. They were threatened by the accused not to disclose this incident to any body. He had locked the house therefore, they could not come out of the house for the whole night. In the morning by using a chair they got opened the door and came out of the house and narrated the incident to the complainant.
(3.) Immediately the complainant along with her sister Hanumakka went to her daughter's house along with her grand daughters. They found dead body of her daughter Parvathi. There was bleeding from her mouth and right ear. Therefore, she filed a complaint before the jurisdictional police. On the basis of her complaint, the jurisdictional police registered a crime and took up investigation.