REVANSIDDAPPA BASAPPA GUNDALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant who is the sole accused, being convicted for offences punishable under sections 504, 506 and 302 of IPC by the Sessions Court in S.C.No.163/2010, has preferred this criminal appeal assailing the order of conviction.

(2.) The appellant and the deceased Chandrashekhar are two of the sons of Shri Basappa, the other eldest son being Shivappa (PW.5). The case of the prosecution is that on 21.04.2010 when PW.1, Shantabai, wife of the deceased came to the public tap to fetch water, a quarrel took place between the appellant and Shantabai. On hearing the appellant using filthy language and abusing Shantabai, her husband Chandrashekhar came out of the house and intervened, requesting the appellant not to use filthy language or abuse his wife. Feeling enraged, the appellant went into his house, came back with a wooden stick and hit Chandrashekhar on his head. Chandrashekhar collapsed having lost consciousness. He was shifted to BLD Hospital at Bijapur, where later he succumbed to the injury. A written complaint was given by Shantabai (PW.1). The information was received by Kalakeri Police at 4.30 p.m. and dispatched to the Court at 6.30 p.m. an endorsement is made by the Magistrate of having received the FIR at 12.30 a.m., the intervening night.

(3.) According to the prosecution, the motive for the appellant to commit the heinous crime is property dispute. As per the complaint of PW.1 and her testimony, a partition of all the properties belonging to the family was made and executed by the father Basappa about five years prior to the incident. However, though the maximum portion of landed property was allotted to the share of the appellant, he was not happy for the reason that his portions of the land were less fertile. Therefore, the appellant was always insisting that he should be given more and in this regard he used to frequently quarrel with his brother, deceased Chandrashekhar. In the complaint, it is stated that at the time of the incident, which occurred at about 7.00 in the morning, the eldest brother Shivappa (PW.5) was present at the spot, along with two other persons namely, Kanteppa Jalpur (PW.7) and Parashuram Chincholi (PW.8), who tried to stop the quarrel and snatched the wooden stick from the hands of appellant. Thereafter, Shantabai, with the help of her father-in-law Basappa and two other persons shifted Chandrashekhar to the hospital. Jatteppa S/o Sayabanna Pujari is the scribe who wrote the complaint at the instance of Shantabai and he is examined as PW.9. PWs.2 and 3 are panch witnesses for the spot mahazar Ex.P.2, while PW.4 is the panch witness for the inquest mahazar Ex.P.3. The father of the appellant and deceased, Shri Basappa is examined as PW.6.