IMPORTANT POINT
Supreme Court can interfere with concurrent findings of courts below if they have ignored vital materials and reached unsustainable inferences.

JUDGMENT :

A.K. SIKRI, J.

Leave granted.

2. By this appeal, the appellant Ananda Poojary questions the legality and validity of the judgment dated 14.02.2013 passed by the High Court of Karnataka, whereby the appellant's conviction for offences under Section 302 and Section 201 of the Indian Penal Code (for short 'IPC') has been upheld. The High Court has also upheld the sentence passed by the Sessions Judge, Udupi. The result is that the appellant is made to suffer incarceration for life for allegedly murdering his own foster mother.

3. It is an admitted position, accepted by the two courts below, that the deceased Dorathi Kutinho, who was a Teacher, had brought Ananda Poojary (the appellant) who was her student to her house and had showered love and affection like a mother. In her old age, there was nobody to look after her as she was living with her only brother Rudolph Kutinho, who was mentally challenged. Dorathi Kutinho had full confidence in the appellant and kept him as a caretaker. It is also established on record, which is the case of prosecution itself, that the appellant had taken due and full care of the deceased as well as her brother. He had been nursing both of them so well. Dorathi Kutinho was too pleased with his selfless and dedicated service, giving all due attention to her and her brother. So much so, she had started loving the appellant as her son and because of this reason, she had executed a Will bequeathing all her movable and immovable properties to the appellant. It was, however, subject to one condition viz. the appellant, who is otherwise a Hindu, marries a Christian lady. In the said Will, she had even conferred upon the appellant rights to perform all rituals after her death and of her brother Rudolph Kutinho.

4. Sadly, on 1st March, 2006, Dorathi Kutinho had to rush to a hospital. As per the appellant, she had complained of chest pain. By the time she reached the hospital, she had died. The doctor who examined her issued a certificate stating that she had died of cardiac arrest. However, as per the postmortem done few days later, the cause of death was found to be Asphyxia as a result of smothering. The appellant was roped in as an accused committing murder of Dorathi Kutinho and was put to trial. Both the sessions court as well as the High Court have found the appellant guilty of the offences under Section 302 and Section 201 IPC. It is to be examined in this appeal as to whether the courts below are right in their conclusion that the appellant who was supposed to act as savior of Dorathi Kutinho had become the destroyer of her life.

5. As per the prosecution, Dorathi Kutinho was aged and had a brother by name Rudolph Kutinho, a mentally challenged person. Only two of them were residing in the house of the deceased situated in Najaru, Kelarkalabettu Village, Udupi. She was an affluent lady and having lots of jewels and fixed deposits as well as investments in several banks and other financial institutions. She also owned a house where she was living. Though, her father had two foster sons, they were living separately. One of them was Anthony Kutinho (PW-3) and other Simon Kutinho, who is a resident of America.

6. In so far as the alleged murder of Dorathi Kutinho on the fateful day i.e. 1st March, 2006 is concerned, the case set up by the prosecution was that though Dorathi had executed a Will in her favour the appellant was not willing to wait till the death of Dorathi Kutinho and was eager to secure all her properties. With this motive in mind, he had planned to eliminate Dorathi and in furtherance of this intention, on 01.03.2006 at about 6.00 a.m. in the morning smothered her mouth and nose and on account of the same, Dorathi Kutinho died due to Asphyxia. In order to destroy the evidence of the said murder, he took the dead body of Dorathi Kutinho in the auto-rickshaw of PW-10 Roshan Kumar to Adarsha hospital as if she was suffering from cardiac arrest. When Dorathi Kutinho's body was taken