JYOTIBA LAXMAN PATEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the arguments of the Learned Amicus Curiae Sri S. P. Mudhol for the appellant and the Learned Government Pleader for the Respondent-State and carefully perused the case records in detail with their assistance. The appellant Jyotiba aged about 42 years, has been convicted for the offence under Section 302 IPC by the Trial Court and sentenced to undergo life imprisonment, for causing the death of his mother Smt. Laxmibai, aged about 65 years, on 3. 1. 94 at. about 4. 00 p. m. in the evening, in the land called "doneejmala" of Kallehal. village in Belgaum Taluk, by committing assault on her with a sharp instrument called "koyta" (MO-1 ). The first information in respect of this incident was lodged by one Kallappa PW-1, an younger brother of the appellant, at about 8,10 p. m. on 3. 1. 94 with the PSI PW-12 at Kakati Police Station, situated at a distance of about 17 to 18 kms. From Kallehal Village, as per Ex. P-1. The FIR was dispatched from the police station at about 9,00 p. m. on 3. 1. 94 through PW-7 and it had reached the magistrate at Belgaum at about 10. 05 p. m. in the night. The postmortem examination was conducted on the dead body of the deceased by the doctor PW-5 on 4. 1. 94 between 2. 35 and ' 3. 35 pm. as per the postmortem report Ex. P-6, He found the following ante-mortem injuries on the dead body of the deceased:-1. A chop wound starting from the left frontal eminence, extending backwards, circumferantially and ending over the left occipital region, 19 x 1 x 2 cm in size, bone deep with firm dark brownish red clot over the base and edges of the wound, was present. The skull bones forming the base of the wound showed linear fracture all along the length of the wound.

(2.) A chop wound 1 cm below and parallel to Injury No-1, starting from left temple region, extending backwards upto left occipital region, 8 x 1 x 1 cm in size, bone deep and with firm dark brownish-red blood clots over the base was present.

(3.) A chop wound 1 cm below and parallel to Injury No. 2, staring 1 cm above the lateral 1/3 of left eyebrow extending backwards, upto lower left occipital region, 17x1 x1 cm in size, bone deep and with firm dark brownish red blood clots over the base and edges was present. The pinna was cut at the junction of upper 1/3 with lower 1/3rd and the upper part was avulsed upwards. A linear fracture of the skull bones along the line of the wound measuring 15 cms in length was present.