DATTA @ DATTARAYYA GANAPATI DESHBHANDARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused is before this Court challenging the judgment of conviction and order of sentence passed by the learned District and Sessions Judge, Uttara Kannada, Karwar (hereinafter referred to as the trial Court ) in S.C.No.47/2012 dated 26.11.2014.

(2.) We have heard the learned counsel for the appellant Smt.Anuradha Deshpande and the learned Additional SPP Sri.V.M.Banakar for the respondent- State.

(3.) The genesis of the case of the prosecution in brief is that the accused and deceased were brothers and in respect of some immovable property held by their family, there was a dispute. On 06.02.2012 at about 10.00 p.m., there was quarrel between the accused and the deceased, further they came quarreling near the house of PW4 and at that time, accused who was carrying the rod assaulted the deceased on his head and caused bleeding injuries. Though PW4 and 5 tried to pacify and rescue the deceased, accused also assaulted the complainant-PW3-the second wife of the deceased. By receiving the information police came to the spot and recorded the statement as narrated by PW3 and registered the case in Crime No.30/2012 for the offence punishable under Section 302 of IPC. Thereafter after investigation, charge sheet has been filed.