BHIMAPPA JINNAPPA NAGANUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal against the judgment of the High Court of Karnataka dated 9th November, 1984 whereby the High Court set aside the order of acquittal dated 11th February 1982 passed by the 11nd Additional Sessions Judge, Belgaum, in Sessions Case No. 84 of 1981 and sentenced the appellant under S. 302 of the Indian Penal Code for having caused the murder of one Devappa Dharmanna Aski (in short Devappa) of Harugeri on 27th June, 1981.

(2.) Briefly, the prosecution case was that there was a common well for irrigating the land of the deceased Devappa; accused/ appellant and another person (PW 11). The deceased and PW 11 had 50% share in the water of the well and the accused had the other 50%. Earlier the water from the well was utilised by all three on their turn and the water was drawn from the well with the help of a diesel pump installed by the deceased. About a year or two before the incident the accused had installed an electric pump-set. Whenever the deceased would put on his diesel pump the accused also would simultaneously put on the electric pump and deprive the deceased of the water from the well. The said act had caused bad blood between the appellant and the deceased.,

(3.) The case of the prosecution further was that at the relevant time the deceased along with his second wife Srimanti (PW 1) and grand-son Ajith (PW 2) aged 10-11 years was residing in a farm house at Kurubkodi. The land belonged to his first wife Padmawwa out stood in the name of their son Dharamanna (PW 10). Ajith is a son of Dharmanna.