BENGALURU: The Karnataka High Court sentenced an alcohol addict to imprisonment for the period of detention of two years already undergone by him, and payment of Rs 10,000 as fine for murdering his 60-year-old mother for advising him to go to work, by kicking and attacking her with a wooden club, at Chadav village of Sampaje in Madikeri taluk.
To atone for his act, the man should tender community service like housekeeping, gardening, etc., in the Government Primary School at Sampaje, the court said.
The division bench of Justice KS Mudagal and Justice TG Shivashankare Gowda passed the order while partly allowing the appeal filed by Madikeri Rural police, questioning the acquittal of the accused Anil NB (37) by the trial court in Kodagu in March 2017, from charges of murder of his mother Gangamma.
According to the prosecution, Anil was addicted to alcohol and had become wayward. On the day of the incident on April 4, 2015, his mother admonished him not to come home drunk, following which he assaulted her. Evidence on record goes to show that the accused had no intention of murdering his mother, but he assaulted her in such a fatal manner it caused an intestinal tear which led to her death, the court said.
“The trial court was in grave error in disbelieving the dying declaration on the ground that the same did not bear fitness certificate, and was not supported by eyewitnesses and other family members of the victim,” the court noted.
The court further said that in case of such assaults, even without external injuries, there is a possibility of such persons suffering fractures. But in this case, corresponding external injuries were found. Moreover, the cause of death was due to complications of abdominal injuries. The theory that she suffered such abdominal injuries due to over-consumption of alcohol was not probabilized by the accused. The contention of the accused deserves no merit, the court added.