MANOJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises out of a judgment and order dated 15th November, 2011 passed by the High Court of Karnataka, Circuit Bench at Gulbarga, whereby Criminal Appeal No.3643 of 2009 filed by the appellants has been partially allowed upholding their conviction and sentence under Section 302 read with Section 34 IPC, but setting aside their conviction under Section 506 read with Section 34 of the IPC.

(3.) Briefly stated the prosecution case is that the deceased Sadashiv was unhappy about appellant No.1-Manoj visiting his house and associating with his wife for he suspected an illicit intimacy between the two. He had, therefore, forbidden Manoj from coming to his house and in case he did so he had threatened to kill him. The prosecution story is that on 30th August, 2006 at about 12 noon appellant No.1-Manoj and his father-appellant No.2 assaulted the deceased while the latter was in front of a shop owned by one Khilari near Babanagar bus stand within the limits of Tikota Police Station. While appellant No.2 is alleged to have assaulted the deceased with a stone on his head appellant No.1-Manoj is said to have given several blows to the deceased with a sword injuring him on his neck, head and face. The incident, was allegedly seen by five eye witnesses, some of whom carried the injured to the Police Station from where he was referred to the District Hospital for treatment. The deceased, however, passed away before reaching the hospital leading to the registration of a case against the father and the son under Sections 302 and 506 read with Section 34 of the IPC. A charge-sheet was in due course filed against the two accused persons before the jurisdictional Magistrate who committed the accused to face trial before the Principal District and Sessions Judge, Bijapur. At the trial, the prosecution examined as many as 22 witnesses apart from placing reliance upon several documents marked as Exs.P1 to P24 and material objects MOs1 to 12. In their statements recorded under Section 313 of the Cr.P.C., the accused persons denied the charges and pleaded innocence. No evidence was, however, adduced by them in defence. The trial Court eventually came to the conclusion that prosecution had brought home the guilt of the accused persons for offences punishable under Sections 302 and 506 read with Section 34 of the IPC.