STATE OF KARNATAKA Vs. IRAPPA MAGUNDAPPA MANGALORE

JUDGEMENT

(1.) This appeal is against the Judgement of the High Court dated 21-9-1994.

(2.) Briefly stated, the facts are as follows: The respondent had one brother by the name of Ayyappa. The respondent, his brother, their mother, their sister and brother's wife were all staying in the same house. The respondent was not married. Even though he was working on daily wages, he was not contributing anything towards the household expenses. Whenever he was asked to contribute he used to say that he would start contributing only after he got married. His brother Ayyappa therefore was asking the respondent to get married.

(3.) On 20-4-1992, the respondent was sleeping in the house. His brother came from outside and asked the respondent to get up, go and cut the hair and shave so that he could go to see a girl. The respondent refused. The brother, therefore, picked up a billet and advanced towards the respondent. The respondent then picked up an axe and hit his brother near the lips. After the brother fell down, he gave a second blow on the left side of the head. As a result, Ayyappa died.