HC upholds life sentence of man in artisan murder case

NT Correspondent

Bengaluru: The Karnataka High Court has upheld the life sentence of Santhosh Achari for the murder of a goldsmith. The court found that the statement of the witness, a policeman who attended to the deceased before his death, was completely believable. The deceased, Ramdas Kudalkar, was a jeweller. The High Court said what the assistant sub-inspector Ramachandra Niralgi recalled that the deceased was crying because he had lost his hand and could no longer work was believable.

“PW14 (Ranachandra Niralgi) had an occasion to enquire about the injured within minutes of the occurrence of the crime. PW14 categorically has stated that he was near Durga Bakery and having got the information about the assault, he rushed to the Laxmi Jewelers where the deceased was sitting on the stairs crying that he lost his hand and he had injuries on his head with blood oozing out.”

“The act that the deceased was crying that he had lost his hand gains significance in view of the fact that the deceased was a goldsmith. It has come in the evidence that the deceased used to polish the silver articles in his shop and as such he was an artisan in his profession. Therefore, there is reason to believe that the deceased was crying when his right thumb was amputated. It is this evidence which gains importance and renders the evidence of PW14 natural and believable,” the HC said in its recent judgment. Murdered for Rs 60K Santhosh Achari owed Ramdas Kudalkar Rs 60,000. Since the latter was demanding the money, Santhosh decided to kill him.

On March 7, 2015, Santhosh visited Laxmi Jewelers, the shop of Ramdas on the pretext of getting some silver jewels polished. He assaulted him with a machete and fled from the spot. Shopkeepers from the neighbourhood heard Ramadas’ screams and came to his help. Assistant Sub-Inspector Ramachandra Niralgi, who was nearby heard about the incident and reached the place and shifted the victim to a hospital. He was one of the prime witnesses in the case.

Ramadas died in the hospital the following day but he was able to give his dying declaration. In the presence of Police inspector Pushpalatha N and DCP Hanumantharayappa the dying declaration of Ramadas was recorded on video where he stated that Santhosh Acharai had assaulted him. The Trial Court sentenced Santhosh to life which was challenged in the HC. The HC gave its judgement upholding the trial court order.

Dismissing Santhosh’s appeal, the HC said, “In view of the critical examination of the evidence on record and its thorough analysis, we have come to the conclusion that the prosecution has proved that the deceased was capable of speaking and he gave oral dying declaration before the PW14, PW3 and PW4 and their evidence cannot be discarded at all.”

Confirming the sentence, the HC said, “The judgement of conviction convicting the accused for the offence punishable under Section 302 of IPC and sentencing him to undergo life imprisonment as well as imposing fine of Rs75,000 and ordering compensation of Rs.70,000 to be paid to the PW3- Smt Deepa W/o Ramadas Kudalkar is hereby confirmed.”