NAGARAJ Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 42 of 2011 on the file of the learned Principal Sessions Judge, Krishnagiri. He stood charged for offence under Ss. 302 and 506(i) of IPC. The trial court, by judgment dated 12.02.2013, convicted the appellant under both the charges and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 10,000/ - in default to undergo simple imprisonment for three months for offence under Sec. 506(i) of IPC and to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - in default to undergo rigorous imprisonment for one year for offence under Sec. 302 of IPC. Challenging the above said conviction and sentence the sole accused is now before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows: - The deceased in this case was one Mrs. Gowramma. She was residing alone at her house situated at the Hosur Taluk Office road. The accused was her son. He was residing separately at Mookandapalli village. P.W. 1 is the daughter of the deceased. She was living with her husband and other family members at ASTC New HUDCO, Hosur. P.W. 2 is the another daughter of the deceased, who was residing at SIPCOT housing colony. The accused was demanding from his mother certain properties. On account of the same, there were frequent quarrels between the deceased and the accused. It is alleged that on 12.07.2010, the accused had intimidated the deceased. The deceased therefore made a complaint to the police. The police inquired the accused, P.W. 1, and her mother and warned the accused not to indulge in such threatening activities.

(3.) It is further alleged that on 15.01.2011, when the deceased was alone at her house at 07.30 p.m., the accused had gone to her house, developed quarrel, and pushed her down. She fainted. Then, the accused came to the house of P.W. 1 and intimidated her that he had already attacked his mother and the same would occur to P.W. 1 also, if she insisted for any property from her mother.