(1.) The appellant Maruthi is the sole accused. He has been convicted by the trial Court for the offence under Section-302 IPC for causing the death of one Yamunappa and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/- in default of which to undergo further imprisonment for two years, and for the offence under Section - 324 IPC, for causing injuries to the person of PW-1 Smt. Parvati and sentenced to undergo imprisonment for one month. The substantive sentences are directed to run concurrently. Out of the fine amount of Rs. 5,000/-, if recovered, Rs. 3,000/- is directed to be paid to PW-1 Parvathi as compensation. Aggrieved by the said Judgment and Order of conviction and sentence passed by the trial Court, the appellant has preferred this appeal.
(2.) The deceased is one Yamunnappa aged about 11 or 12 years at the relevant time. He is the only son of the complainant PW 1 Smt. Parvathi. The appellant is none other than the senior uncle of the deceased boy. The incident in question took place on 17.3.1995 at about 3 or 3.30 p.m. at or in front of the house of the complainant PW-1 in Modga village of Belgaum taluk. The husband of the complainant PW-1 by name Bhairu Danoji who was an younger brother of the appellant, had died about 10 years prior to this incident. After the death of her husband, the complainant PW-1 and she only son deceased Yamunappa were residing together in one of the portions of the house that had fallen to the share of her husband.
(3.) In order to substantiate its case against the accused, the prosecution had examined at the trial PWs. 1 to 19 and got marked in evidence Ex.P.1 to P.23 and MOs. 1 to 8. Out of the 19 witnesses examined by the prosecution, PW-1 Smt. Parvathi besides being a complainant, she is also an injured eye-witness to the incident. She had lodged her complaint as per Ex.P1 at the Police Station at about 4.30 p.m. before the PSI, PW-19. She was examined by the doctor PW-10 at the Civil Hospital in Belgaum on 17.3.1995. The doctor PW-10 found two injuries on the person of the complainant PW-1 viz., one cut lacerated wound on the medial side of the right little finger and another cut lacerated wound on the front side of the left base of the left index finger. Both these injuries were stated to be simple in nature. Ex.P 6 is the wound certificate issued by the Doctor PW-10 in this regard. According to the doctor PW-10 the injuries that were found on the person of the complainant PW-1 could be caused in case if a person tries to avoid the blow by stretching her hand Ex.P 7 is the opinion issued in this regard by the doctor PW-10.