OMKAR SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises from a judgement of the High Court of Karnataka dtd. 5/8/2020. The High Court dismissed an appeal against the judgement of the Fast Track Court, Bidar court convicting the appellant of offences punishable under Ss. 302 and 448 of the Indian Penal Code 1860[1]. The trial court, inter alia, sentenced the appellant to undergo imprisonment for the remainder of his life for the offence punishable under Sec. 302 IPC. The factual background as set up by the prosecution is stated below.

(3.) It is alleged that the appellant trespassed into the house of one Shantamma, where he attempted to steal cash and gold from her mother Chandramma. When she resisted, the appellant attacked her on her head and face with a wooden club, which caused her to bleed from her injuries. The appellant then allegedly escaped with the gold and cash. The incident was witnessed by the complainant, the son of Chandramma, who tried to catch hold of the appellant while he was trying to escape. The appellant's escape was further seen by two more witnesses. Chandramma was taken to a hospital, where she was declared brought dead. Based on the written complaint, an FIR was registered against the appellant on the day of the incident.