SHIVANNA @ SHIVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appellant as a sole accused was tried and later convicted by the Court of the II Additional District and Sessions Court, Ramanagara, sitting at Kanakapura, Ramanagara District (hereinafter referred to as "Trial Court' for brevity), in Sessions Case No.2/2010, by its judgment of conviction and order on sentence dated 16-01-2014, for the offence punishable under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC for brevity) and was sentenced accordingly. It is against the said judgment of conviction and order on sentence, the appellant/accused has preferred this appeal.

(2.) The summary of the case of the prosecution is that, on 05-11-2007, the accused on the pretext of repaying the alleged hand loan of a sum of Rs. 200/- to PW-6 (CW-1) - Manjunatha, took him on a motor cycle near a well in the garden of Dimbadahalli Mahesh near Doddalahalli, within the limits of complainant Police Station and on the pretext of showing him a big fish in the well, pushed him in the well and also threw a stone on his head with an intention to kill him and thereby has committed an offence of attempting to murder PW-6 - Manjunatha.

(3.) The charge was framed for the said offence against the accused, who pleaded not guilty, as such, in order to prove the alleged guilt against the accused, the prosecution examined in all nine witnesses from PW-1 to PW-9, got marked documents from Exhibits P-1 to P-5(a) and a shirt as Material Object at MO-1. From the accused' side, neither any witness was examined nor any documents were marked as exhibits.