HAMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard.

(2.) Challenge in this appeal is to the order of Division Bench of Karnataka High Court. By the impugned judgment the order of acquittal passed by learned Sessions Judge, Gelbarga was set aside and the appellant was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC ) imposing sentence of imprisonment for life and pay a fine of Rs. 10,000/- with default stipulation. The co-accused persons i.e. Yamanappa and Govindappa who were convicted for offence punishable under Section 506 read with Section 34 IPC were each sentenced to undergo two years imprisonment. The original A4 is the present appellant. A3, Nagappa had died during trial and therefore the case stood abated against him. One Nagappa (hereinafter referred to as the deceased) lost his life on 25.04.1993. The trial court found that the evidence was not adequate to fasten the guilt on the accused persons.

(3.) The State questioned the acquittal by preferring the appeal after obtaining leave in terms of Section 378 of the Code of Criminal Procedure, 1973 (in short Code ). The High Court found that the evidence of PW5 is reliable and therefore the judgment of acquittal as recorded by the trial court was not in order. It appears that a stone was thrown at the deceased which resulted in his death and accordingly, as noted above, the High Court interfered with the judgment of acquittal.