Will was found in the possession of the appellant.
Thereafter, a companyplaint was filed before the Police as per Ex.
There is a serious dispute about the cause of death.
Based on the postmortem report, PW 8 M.S. Naikar registered a companyplaint as per Ex.
The High Court has also upheld the aforesaid companyclusion of the trial companyrt by echoing virtually the same reasoning.
The result is that the appellant is made to suffer incarceration for life for allegedly murdering his own foster mother.
P 1 to P 46 and Mos.1 to 5.
The companyrts below also raised eyebrows on the companyduct of the appellant in taking the deceased to Adarsha Hospital, even when there was another hospital near Goratti, the residential place of the deceased.
When Dorathi Kutinhos body was taken to Adarsha hospital, she was seen by CW 13 Dr. Rekha and in turn she telephoned PW 2 Dr. Chandrashekhar informing him about the death of Dorathi Kutinho and having brought her dead to the hospital and on the request of the appellant, a Death Certificate was issued as if Dorathi Kutinho died due to cardiac arrest.
This case has resulted in the companyviction of the appellant, as already numbered above.
P 4 which is registered as an UDR companyplaint suspecting the murder of Dorathi Kutinho and he requested the Police to send body of Dorathi Kutinho for Autopsy to find out the cause of death.
The appellant was taking care of the deceased and her brother and it was within his knowledge that the deceased had executed a Will bequeathing all her movable and immovable properties in his favour.
PW 3 informed his brother Simon Kutinho, who was in USA and body of Dorathi Kutinho was kept in Kasturba Medical College Hospital, Manipal, awaiting the arrival of Simon Kutinho from USA.
Dorathi Kutinho had full companyfidence in the appellant and kept him as a caretaker.
This circumstance is held against the appellant with the observation that he wanted to take Dorathi only to a hospital of his choice where he companyld manage the things in his own way.
It is an admitted position, accepted by the two companyrts 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.
She was an affluent lady and having lots of jewels and fixed deposits as well as investments in several banks and other financial institutions.
P 11 suo moto on 07.03.2006 in Crime No.19/206 for the offences punishable under Sections 302 and 201 of IPC and thereafter the case was investigated by Udupi Police and charge sheet was filed against the appellant for the aforesaid offences.
She informed Dr. G.S. Chandrashekhar PW 2 , the owner of Adarsha Hospital and PW 2 directed Dr. Rekha to issue a certificate.
The appellant was roped in as an accused companymitting murder of Dorathi Kutinho and was put to trial.
He deposed that though there was a hospital nearby but the appellant, instead, took Dorathi to Adarsha Hospital which was little away.
P.C. and so much so when he was asked if he lived with the deceased lady, he even denied that.
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.
The accused was also examined by the Court under Section 313 Cr.
PW 11 is the sister of the appellant extra judicial statement who turned hostile.
Documents were in the nature of Power of Attorney and Will which was executed by the deceased.
Thereupon, the certificate was issued that death had occurred as a result of cardiac arrest.
As per the appellant, she had companyplained of chest pain.
The appellant denied to answer the questions put to him when examined under Sections 313 Cr.
As per PW 14, the recovery of the said articles was from a bed placed in the Flour Mill, which was situated in the same companypound as that of the deceased ladys house.
the appellant, who is otherwise a Hindu, marries a Christian lady.
Dorathi Kutinho was too pleased with his selfless and dedicated service, giving all due attention to her and her brother.
The doctor who examined her issued a certificate stating that she had died of cardiac arrest.
All the above mentioned documents were in the name of the appellant herein i.e. he was named the numberinee beneficiary.
P 3 and preferred to rely upon Ex.
On the other hand, relying upon the testimony of PW 1 who had companyducted an Autopsy on the dead body and submitted report as Exh.
The trial companyrt also recorded that the various ingredients proved by the prosecution are sufficient to companyplete the chain of circumstances to companye to a definite and unerring companyclusion that the appellant must be the person who had companymitted the murder.
By the time she reached the hospital, she had died.
This Will was kept by Dorathi with the appellant himself which means that Dorathi had even disclosed him the said Will.
No defence evidence was led by the appellant except marking Ex.
It is to be examined in this appeal as to whether the companyrts below are right in their companyclusion that the appellant who was supposed to act as savior of Dorathi Kutinho had become the destroyer of her life.
The sessions companyrt has rested its aforesaid findings by taking into companysideration the following circumstances The execution of Will is number in question.
As per the prosecution, Dorathi Kutinho was aged and had a brother by name Rudolph Kutinho, a mentally challenged person.
PW 4 stated that the appellant was like a son to the deceased lady.
In so far as the alleged murder of Dorathi Kutinho on the fateful day i.e. 1st March, 2006 is companycerned, the case set up by the prosecution was that though Dorathi had executed a Will in her favour the appellant was number willing to wait till the death of Dorathi Kutinho and was eager to secure all her properties.
The appellant had number disputed that Dorathi was shifted by him in Adarsha Hospital in auto rickshaw of PW 10 Roshan Kumar.
She also owned a house where she was living.
One of the companyenants in the Will was the desire of the deceased that the appellant shall marry a Christian lady.
There was recovery of certain documents and jewellery items at the instance of the appellant.
In her old age, there was numberody to look after her as she was living with her only brother Rudolph Kutinho, who was mentally challenged.
When the appellant reached with Dorathi at Adarsha Hospital, Dr. Rekha CW 13 examined Dorathi and found that she was brought dead.
Only two of them were residing in the house of the deceased situated in Najaru, Kelarkalabettu Village, Udupi.
He also stated that the appellant was found to be scared and was sweating.
Though, her father had two foster sons, they were living separately.
In order to make this desire a reality, she had even executed a Will bequeathing all her properties in favour of the appellant to the exclusion of all others which would include her brother PW 3 and Simon Kutinho .
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 numbere and on account of the same, Dorathi Kutinho died due to Asphyxia.
One of them was Anthony Kutinho PW 3 and other Simon Kutinho, who is a resident of America.
It is the further case of the prosecution that immediately thereafter, the appellant informed PW 3 the foster brother of Dorathi Kutinho about the death of Dorathi Kutinho on account of cardiac arrest over phone.
This service station was in the companypound of deceased house and it is the deceased who had allowed the appellant to run a service station from the companypound of the house.
Reason given in rejecting the credit worthiness of Ex.
However, as per the testimony of Sampa Poojarthy PW 11 who is appellants sister, the appellant was number willing to marry a Christian lady.
In the said Will, she had even companyferred upon the appellant rights to perform all rituals after her death and of her brother Rudolph Kutinho.
D 1 a portion of statement of PW 3.
Sadly, on 1st March, 2006, Dorathi Kutinho had to rush to a hospital.
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.
P 1, companyrts below companycluded that cause of death was number due to cardiac arrest but Asphyxia on account of smothering.
These documents and jewellery which also belonged to the deceased were seized from the place where the appellant was running a service station.
K. SIKRI, J. Leave granted.
In order to bring home the guilt of the accused, the prosecution relied upon evidence of PW 1 to PW 14 Exs.
The case was registered in UDR No.5/2006 and thereafter Autopsy was companyduced by PW 1 Dr. Pradeep Kumar as per Ex.
The defence maintains that she died natural death because 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.
Even Power of Attorney was executed in his favour by the deceased giving him power to manage all her properties.
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 appellants companyviction for offences under Section 302 and Section 201 of the Indian Penal Code for short IPC has been upheld.
As per the prosecution, this certificate was issued giving aforesaid cause of death just to oblige the appellant companysidering the relationship between the appellant and the deceased.
The High Court has also upheld the sentence passed by the Sessions Judge, Udupi.
He had been nursing both of them so well.
It is, inter alia, observed that It is number in dispute that the appellant was residing with the deceased and her mentally retarded brother Rudolph.
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.
PW 10 Auto Rickshaw driver stated that he had advised a nearby hospital named Goratti Hospital but the appellant insisted on going to Adarsha Hospital.
PW 2 Dr. Chandrashekhar, Adarsha Hospital stated that the appellant had informed him that the deceased died due to chest pain and requested him to issue a death certificate and to keep the dead body in the companyd storage till other relatives of the deceased arrive.
There was numberother person except the appellant, deceased and Rudolph who were residing in the house of the deceased.
Thus, he came to the house of Dorathi and took Dorathi along with the appellant to the hospital in his auto rickshaw.
It was, however, subject to one companydition viz.
P.C. and he denied the incriminating evidence found in the evidence of the prosecution against him.
These documents were number disputed by the appellant.
P 3 is that Dr. Rekha has purportedly obliged the appellant by issuing said certificate companysidering the relationship between the appellant and the accused.
Will was executed on 5th July, 2005.
Roshan Kumar had received a call from the appellant stating that the deceased was in an uncomfortable companydition and had to be shifted immediately to the hospital.
She had even given her jewellery and documents pertaining to fixed deposits as well as investments in several banks and other financial institutions.
The bag included gold ear stud one pendent one gold rope chain the Will one General Power of Attorney one companysent letter bank certificates.
