KALLAPPA MALLESHI HALAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed in S.C. No. 273/2012 dated 30.03.2016 and 03.09.2016 passed by the learned 9th Addl. Dist. & Sessions Judge, Belagavi .

(2.) We have heard the learned counsel for the appellant Sri A.B. Koni and the learned Addl. S.P.P. for the respondent-State Sri V.M.Banakar and perused the records including the trial Court records.

(3.) The complainant and the accused are own brothers and were having some landed properties. During the lifetime of their parents a panchayat was convened and divided the said properties equally among the complainant and the accused. Thereafter the complainant purchased the land measuring 1 acre at Godholli village out of his own funds. It is alleged that the accused used to demand division in the said property and the complainant refused to give the share. It is alleged that, on the day of the alleged incident, the accused was in his landed property and the complainant, his son and wife were in their landed property. When the complainant was intending to pass through the land of the accused, the accused asked him to give property as demanded and the complainant abused him. At that time, the accused assaulted the complainant with the handle of the pick axe. Due to that, the complainant made a big hue and cry. By hearing the same, the deceased who was in the field, came running and by seeing the same, the wife of the accused made a warning call and the accused assaulted the deceased with pick axe on his right side head and caused grievous injuries. Due to the said injuries, son of the complainant succumbed to the injuries. On the basis of the complaint, a case has been registered in Crime No. 48/2012 and after investigation, charge sheet has been filed.