TIMMAPPA S/O BUDDAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant - accused No.1 is before this Court challenging the legality and correctness of the judgment of conviction and order of sentence passed by the Fast Track Court-I, Raichur in S.C.No.119/2011 dated 09.03.2012.

(2.) We have heard the learned counsel Sri B.C. Jaka for appellant - accused No.1 and the learned Additional State Public Prosecutor.

(3.) It is the case of the prosecution that the wife of accused No.1 had illicit relationship with deceased and by concealing they used to meet now and then in the land of one Kurbar Anjaneya which was taken on lease by them. Being enraged by the attitude of the deceased, animosity developed and on 24.01.2011 at about 12.30 p.m., when deceased and the wife of accused No.1 had gone to very same land to meet and to satisfy their lust, after coming to know the said fact accused with an intention to do away with the life of the deceased Dodda Somayya went to the land at about 1.30 p.m. by taking cart peg and a sickle. It is further alleged that by going there to the land they saw the deceased was laying down under a palm tree and accused No.1 attacked on Dodda Somayya with cart peg. By seeing accused No.1, the deceased tried to flee away. Accused No.2 being frightened by the scene, threw away sickle there itself and ran away. Again accused No.1 thinking that deceased was teasing him as 'Guddod', he took the sickle thrown away by accused No.2 and pierced into the right eye of the deceased and caused grievous bleeding injuries and he died on the spot. The wife of the deceased filed complaint against unknown person. A case was registered in Crime No.8/2011. Thereafter, after investigation, the charge sheet came to be filed. The learned Magistrate took the cognizance and committed the case after following the formalities. On committal, the learned Sessions Judge took the cognizance and after securing the presence of the accused, after hearing both the parties, framed the charges. Accused pleaded not guilty and they claimed to be tried and as such the trial was commenced.