SURESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant was charged with the murder of Lingappa Poojari (deceased) under Section 302 of the Indian Penal Code. The complainant is Sheshappa Poojari (PW-1) who lived in a house near to the house of the deceased, along with his wife Neelamma (PW-4) and his daughter Sumathi (PW-3). The deceased was the cousin brother of Neelamma (PW-4). The appellant was a native of another village, who was staying near the place of the incident and was engaged in the work of toddy tapping. The allegation against the appellant is that he endeavoured to establish a relationship with Sumathi, who was about nineteen years of age and was engaged in rolling beedi leaves to make beedis. In furtherence of his endeavour, he used to visit the residence of Sumathi, which was objected to both by her father and the deceased. It is alleged that on this very issue an altercation had earlier taken place in which the appellant is alleged to have threatened the deceased.

(2.) The incident relates to 11.00 p.m. on 25th June, 1999 as once again the appellant is alleged to have come to the house of Sumathi. As per the complaint, verbal arguments got aggravated and when the family members intervened to stop the quarrel, the appellant is alleged to have threatened the deceased that he would kill him to stop the quarrel forever and is alleged to have taken out the Tarkatti strapped to his waist into his hand and stabbed the deceased on his shoulder, chest, back side and ribs, 5-6 times, resulting in his instant collapse and thereafter, death. The complainant claims to have witnessed this incident at 11.15 p.m. on the same day and the appellant is alleged to have fled away from the spot, holding the Tarkatti in his hand. On being taken to the government hospital, the deceased was declared dead.

(3.) The appellant in his Section 313 Cr.P.C. statement denied all imputations and again stated that he was sleeping in the night and heard the shouting. When he got up, he found the deceased had suffered injuries and was thereafter taken to the hospital. The police is alleged to have taken him to the police station later on, the next morning, and have lodged a false case against him.