K.N. Phaneendra. J. - (1.) The appellant/accused has preferred this appeal calling in question the judgment of conviction and sentence dated 09.02.2012 passed against him by the Fast Track Court, Srirangapatna in SC No. 48/2007.
(2.) For convenience, hereinafter the appellant is referred to as 'accused'. The accused is sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence punishable under section 302 of IPC, also sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months for the offence punishable under section 201 of IPC.
(3.) The brief facts of the prosecution case on which the accused was tried before the trial Court are that: A person by name N. Hanumegowda and his wife by name Vijayakumari (PW-3 and PW-4) are the residents of Burudugunte village in Nagamangala Taluk, the deceased H. Sumalatha is their daughter She was residing with her father and mother along with other family members and she was studying in final year BA at the time of the incident. It is the case of the prosecution that the deceased Sumalatha had some menstrual problems and she had suspected that she was transposing herself as male and there were let of symptoms in this regard. The said Sumalatha wanted to get herself operated in this regard. The accused who was the relative of Hanumegowda, was often visiting the house of Hanumegowda and he came to know about the difficulty of the deceased Sumalatha and he assured her that he would get her operated at Chennai and solve her problem. He also assured her that if she got an amount of Rs.1 lakh or any gold ornaments from her house, they could sell the gold ornaments and reap money for the purpose of operation, then he could take her to Chennai and get her operated so that her menstrual problem could be solved. By this way, the accused had created fond of hope in the mind of the deceased.;