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Bengaluru: The Karnataka High Court has set aside the life sentence awarded to a man for killing his sister, observing that the injuries noted in the wound certificate and the post mortem report were unlikely to have caused the death. A division bench comprising Justices Sreenivas Harish Kumar and KV Aravind modified the sentence imposed upon Annappa Bhandary while quashing the order of conviction for the offences under IPC Sections 304 Part-I (culpable homicide not amounting to murder) and 302 (murder).
The prosecution case was that Annappa Bhandary, who was running a saloon in Kundapura in Udupi district, had picked up a quarrel with his sister Vijaya Bhandary on July 22, 2018. It was alleged that Annappa Bhandary was in the habit of demanding money from his sister and on the fateful day attacked Vijaya with a knife. Vijaya sustained cut wounds near her left shoulder, right side of the back and fell down which caused further injuries. After being treated at a private hospital in Manipal, Vijaya died on July 28, 2018.
The trial court had considered the evidence by Susheela and Kamalaaksha, sister and nephew of deceased Vijaya respectively. These witnesses were claimed to be the eyewitnesses to the incident. The trial court imposed life sentence to Annappa Bhandary by holding him guilty of criminal trespass and murder.
In his appeal challenging the conviction, Annappa Bhandary claimed that all planted witnesses were examined while the prosecution failed to examine the other sister Vimala, who was named by Vijaya Bhandary.
During the trial, it was recorded that the doctors stated that the death was due to cardiac arrest which was due to the injury, especially on the neck. The division bench said that it is not possible to accept the doctors’ statement that cardiac arrest was due to the injury as there was no nexus between the injuries and the cardiac arrest.
“The overall inference that can be drawn is that the neck injury appeared to be superficial without causing damage to the blood vessels in the neck region. The pulse rate and the BP noted in the initial stage were not abnormally high to expect any heart related issue or ailment. In this view it is impossible to accept the opinions of the doctors that the cardiac arrest was due to injuries suffered by Vijaya Bhandary,” the bench said.
Considering the fact that the knife, a dangerous weapon, was recovered from Annappa and that he attacked his sister after barging into her house, the bench upheld conviction under IPC sections 326 (Voluntarily causing grievous hurt by dangerous weapons or means) and 448 ( criminal trespass).
Considering the fact that he has spent more than six years in jail since his arrest on July 26, 2018, Annappa's sentence was set off to that period and the division bench directed him to pay Rs 10,000 as fine.