Karnataka High Court.
Credit: DH File Photo
Bengaluru: The high court has upheld the conviction and sentencing of a Nellore resident for killing his aunt in Bengaluru. The court has relied upon the positive evidence of last seen theory and also the recovery of four gold bangles belonging to the deceased.
On February 6, 2018, the trial court had convicted Chinnamala Kondareddy alias Bogala Kondareddy, son of the elder sister of Kondamma, who was found dead at her residence at Gurumurthy Reddy Layout, B Narayanapura, Bengaluru. He was sentenced to life imprisonment for murder along with Rs 5,000 as a fine amount. The trial court has also sentenced him a three-year jail term with Rs 2,000 fine for robbery and one year jail term along with Rs 1,000 fine for misappropriation of gold ornaments.
The prosecution case was that the accused used to visit his aunt and request for financial help. On January 27, 2014, he visited her at around 8.30 pm and pestered her for money. When she refused, he assaulted her with hands, strangulated her and robbed her of four gold bangles and ear studs.
Challenging his conviction, Kondareddy argued that the trial court order is not based on the legal and substantive evidence and the entire case of the prosecution is based on the circumstantial evidence.
On the other hand, the state public prosecutor submitted that there are evidences to establish that Kondareddy was the person last seen with the deceased. It was stated that one Bramha alias Vengaiah, an acquaintance of the accused, deposed that the accused had stayed in his house in Bengaluru on the day of the incident and was there till 8 pm. He further deposed that the accused had left the house informing that he was going to the house of deceased Kondamma. Similarly, two other witnesses, O Srinivas had seen the accused entering the house of the deceased and one Ramesh had seen the accused in the house of the deceased on the night of the incident.
A division bench comprising Justices Sreenivas Harish Kumar and JM Khazi dismissed the defence of the accused that the deceased Kondamma fell on the ground and died. The bench also noted that the recovery of four gold bangles and ear studs belonging to the deceased at the instance of the accused also connected him to the crime in question.
"The trial court after detailed examination of the oral and documentary evidence placed on record came to a correct conclusion that the prosecution proved all the links in the chain of circumstances connecting the accused to the death of the Kondamma. The findings of the trial court are consistent with the evidence led by the prosecution. We find no perversity calling for interference. The punishment imposed is also in commensurate with the crime committed by the accused and established against the accused," the court said while dismissing the appeal.