- (1.)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.