Point of Law: Section 201 of the IPC relating to disappearance of evidence in order to screen from legal punishment.

JUDGMENT :

K. Somashekar, J.

This appeal is filed challenging the judgment of conviction and order of sentence rendered by the Court of the IV Addl. District & Sessions Judge, Shimoga sitting at Bhadravathi in S.C.No.94/2015 dated 02/04.02.2017. By the aforesaid judgment, the Trial Court had convicted the accused/appellant herein for offences under Sections 302 and 201 of the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-for the offence punishable under Section 302 IPC with default clause and to further undergo simple imprisonment for a period of 4 years and to pay a fine of Rs.5,000/-for the offence punishable under Section 201 IPC along with default clause. Both the sentences were to run concurrently.

2. This appeal is filed challenging the judgment of conviction and order of sentence urging various grounds seeking intervention of the judgment of conviction rendered by the Trial Court and consequently to set aside the judgment of conviction rendered by the Trial Court and consequent upon setting aside the said judgment, to acquit the accused of the offences under Sections 302 and 201 of the IPC as reflected in the operative portion of the order.

3. Heard the learned counsel Shri Umesh P.B. for the appellant and so also the learned Addl. SPP for the State and perused the judgment of conviction rendered by the Trial Court in S.C.No.94/2015 inclusive of the material documents which were got marked at Exhibits P1 to P42 inclusive of MO-1 to MO-8.

4. The factual matrix of this appeal is as under:

It transpires from the case of the prosecution that the appellant/accused and PW-1/Hemavathi fell in love with each other and got married against the wishes of the parents of the appellant. Hence, it is stated that the parents of the appellant were not happy with the marriage of accused with PW-1/Hemavathi. It is stated that after their marriage, appellant/accused started residing along with his wife and son in the house of his parents at Dasarakallahalli village, Bhadravathi Taluk. However, it is stated that the mother of the accused Jayalakshmi used to abuse and quarrel with the accused and his wife on the ground that she was not doing household chores properly and was visiting her parental home frequently. Saying so, deceased is said to have frequently picked up a quarrel with the wife of the accused being her daughter-in-law. The accused was not able to tolerate the act of his mother Jayalakshmi. Hence, it is stated that he is said to have hatched a criminal conspiracy to get rid of his mother who was always picking up a quarrel with his wife. On 26.10.2014 at around 11.00 p.m., while the accused, his wife Hemavathi and his mother Jayalakshmi were present in the house, in the absence of his father namely Gangegowda who is examined as PW-4, accused Ashoka is said to have slapped his mother Jayalakshmi on her left cheek very harshly. Immediately, blood started oozing from her left ear as a result of which she fell down on the mat and succumbed to head injuries. Subsequent to the death of his mother, the accused with an intention to cause disappearance of evidence in order to screen himself from legal punishment, had wrapped the dead body of his mother with means of a mat, bed sheet, pillow and took the same in a power tiller bearing Reg.No.KA-14/TA-0365 and Trailer No.0366 by putting fresh grass on the dead body and is said to have thrown her body into the Bhadra river by standing near the old bridge at Bhadravathi in Shimoga District. In pursuance of the act of the accused, on filing of a complaint by Hemavathi as per Exhibit P1, the criminal law was set into motion by recording an FIR as per Exhibit P36. In the FIR, offences under Sections 302 and 201 were lugged against the accused. Subsequent to setting the criminal law into motion, the I.O. had taken up the case for investigation and conducted thorough investigation and laid the charge-sheet against the accused. PW-16/Manjunatha being the PSI, re