RAJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.409 of 2015 is filed by the accused against the judgment and order of conviction and sentence dated 04.03.2015 made in S.C.No.190 of 2013 on the file of the Principal Sessions Judge, Hassan, convicting the accused for the offence punishable under Section 302 of the Indian Penal Code and Criminal Appeal No.896 of 2015 is filed by the State, only insofar as non imposition of fine on the accused for the aforesaid offence, which is mandatory.

(2.) It is the case of the prosecution that P.W.1- Chandrashekara, lodged a complaint with the police stating that, he had two sons and deceased A.C.Yathisha is the elder one. On 03.04.2013, Yathisha left the house to Hassan at about 12.00 pm. When the complainant called him, Yathisha told that he is still in Hassan. Since he did not return home even at 7.00 pm, again, the complainant called Yathisha over phone, who informed that the accused had assaulted him with club stating that he is having illicit relationship with wife of the accused and dragged him to the garden and assaulted him with the chopper. On hearing the same, C.Ws.1 to 7 went to the spot and found that Yathisha had sustained injuries all over the body. Immediately, they shifted Yathisha to the Government Hospital, Sakaleshapura, where, on examination, the Doctor declared that Yathisha had already died and therefore, the complainant lodged the complaint against the accused.

(3.) On the basis of the complaint of P.W.1, the jurisdictional police conducted the investigation and filed charge sheet against the accused, before the Civil Judge and JMFC, Sakaleshapura. The learned Judge committed the case to the Sessions Court, Hassan, under Section 209 of the Code of Criminal Procedure. On hearing both the parties, the learned Sessions Judge framed charge against the accused for the offence punishable under Section 302 of the Indian Penal Code. The same was read over and explained to the accused, who pleaded not guilty and claimed to be tried.