SHANKARAPPA RACHAPPA KAJAGAR @ BALIGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant accused challenging the judgment of conviction and order of sentence passed by the II Additional Sessions Judge, Belgaum, in Sessions Case No.384/2012 dated 30.07.2015.

(2.) We have heard the learned counsel Sri. S.B.Deyannavar, for the appellant and the learned Additional S.P.P. Sri V.M. Banakar for the respondent- State.

(3.) The genesis of the case of the prosecution in brief is that the complainant and his family members were staying together. On 2/6/2012, the complainant, his deceased father Shettapa and other relative have gone to their land for plucking the ladies fingers and tomato at about 6.00 a.m. As there was scarcity of storing big baskets, the deceased went to the house to bring big basket. But even after lapse of long time, he did not returned back. In the meanwhile, Basavaraj Chinnappa Chakadi, the brother of the complainant came to the land and informed the complainant that the accused has assaulted his father with sickle, while passing through the backyard of the accused by picking up the quarrel with his father that why he was passing through the backyard of his house. Immediately, complainant went to the spot and at that time, PWs.2 and 3 have narrated about the incident and PW3 drafted the complaint and filed the complaint as per Ex.P1.