V SHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, the sole accused in SC No.1364/2012, has challenged the judgment of conviction and order of sentence dated 11.12.2015 passed by the 51st Additional City Civil and Sessions Judge at Bengaluru City ( for short, 'trial Court') convicting him for the offence punishable under Sec. 302 of Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.30,000.00, in default, to undergo Rigorous Imprisonment for two years. The trial Court has also awarded a sum of Rs.20,000.00 to the nearest relative of the deceased Chamaraj ie., PW.14- Smt. Govindamma. The said judgment of conviction and order of sentence has been challenged on various grounds.

(2.) Before adverting to the grounds urged by the learned counsel for the appellant and countered by the learned Addl. SPP for the respondent-State, we feel it just and necessary to have the brief factual matrix of this case.

(3.) A person by name Kadariyappan (PW.16) has lodged a report to the respondent-police on 17.02.2012 at about 2.30 am., stating that, he has been residing at Bereta Agrahara, Bengaluru and running a Gujari Shop. On 16.12.2012 two persons ie., one lady and a man came to his shop at about 6.00 p.m. and they stayed there upto 8.00 pm. At 8.00 p.m. PW.16 told them that, he would lock and close down the shop and they can go somewhere else. For that, those two persons said that, they are husband and wife and they have to go to market in the early morning and therefore, they would like to sleep in front of the shop of PW.16. PW.16 told them to sleep inside the shop. But, they said that, as there is sundry weather inside the shop, hence, they would like to sleep outside the shop itself. Thereafter, PW.16 closed down the shop and latched the door of the shop from inside and he went to sleep. In the midnight ie. at about 1.30 a.m. on 17.12.2012 , the son of PW.16 told PW.16 that he has heard some noise from outside. Therefore, PW.16 went open the door, but he found that the said door was latched from outside. He saw from the aperture in the said door, then he noticed a person, who was bent upon the persons, who were sleeping in front of the shop of PW.16. He forcibly opened the door and came out from the shop and saw that one person was running away towards new road (Hosa Raste). PW.16 also noticed that the said couples, who were sleeping in front of the shop, have sustained severe injuries and lying in a pool of blood. He also noticed that those persons by name Chamaraja and also his wife Smt. Govindamma were already dead. He saw a sized stone lying near the deceased persons. Immeidately, the said Chamaraja was shifted to the hospital. PW.16 has also given some description of the person who ran away from the spot, that, who was about 5 ft in height, black complexed stout body, wearing light green colour shirt and black pant and he has also stated that, if he see him, absolutely he can identify him. On the basis of the said information, the police have registered a case in Crime No.41/2012 under Sections 302 and 307 of Penal Code and proceeded to investigate the matter. After thorough investigation, the respondent-police found that the accused/appellant is the perpetrator of the crime, who threw a size stone on the head of the deceased Chamaraj and his wife Smt. Govindamma and committed their murder. Therefore, they laid charge sheet against the accused/appellant. The accused was arrested on 07.05.2012 and it appears since then, he has been in judicial custody.