PUNDAPPA YANKAPPA PUJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16th June, 2006 passed by the High Court of Karnataka in Criminal Appeal No.9/2000. By the impugned judgment the High Court partly allowed the appeal preferred by the State of Karnataka, set aside the judgment of acquittal of the appellant for the offence under Section 302 IPC, held the appellant guilty for the offence under Section 302 IPC and sentenced him to undergo life imprisonment.

(2.) The case of the prosecution is that the complainant Giriyavva, her sons, Shivalingappa, Adiveppa, deceased Mahantappa and Pundappa as well as accused No.1, Pundappa Yankappa Pujari (appellant herein) and accused No.2 Siddappa Pundappa Pujari are the resident of Yankanchi village of Bagalkot's Taluk. The land of the deceased's family as well as the land of the accused is adjacent to one another. The deceased's land is on the northern side whereas the accused's land is on the southern side. In between there is a band fixed with boundary stone. There was a dispute regarding fixing of boundary stone between the accused and the deceased's father Chandrappa Telagi. On 5th July, 1997 at about 9 a.m., accused No.1 was in his land and was removing the boundary stone. The deceased-Mahantappa questioned as to why he was removing the boundary stone and an altercation took place between accused No.1 and deceased-Mahantappa. While the deceased was putting boundary stone to the pit, accused No.1 assaulted him with an axe on his neck and caused severe fracture and injuries which resulted in profuse bleeding whereas, accused No.2 assaulted the deceased with a stick. Laxmavva (PW-7), who was grazing her sheep, on seeing the incident of assault, shouted. Immediately, Sangappa (PW-8), Chandrashekar (PW-9) rushed to the spot and witnessed the incident of assault. Laxmawwa (PW-7) rushed towards the village.

(3.) The injured was treated by Dr. Hanamant (PW-16) on 5th July, 1997 and immediately, intimation was sent to Sub-Inspector of Police, Rural Police Station, Bagalkot as per Ex.P-12. The Sub- Inspector of Police, Sekharapa (PW-14) on receipt of Ex.P-12 proceeded to Hospital and enquired about the condition of the injured. The Doctor issued an endorsement as per Ex.P-9 stating that the injured was not in a position to give statement.