BHIMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the judgment dated 24.09.2012 in Sessions Case No.29/2011 passed by the learned First Additional Sessions Judge, Vijayapur convicting the present appellant for the offence punishable under Section 302 of the Indian Penal Code (' IPC ' for short), the present appeal has been filed before this Court.

(2.) PW.21 - Siddappa is the complainant. The allegation of the prosecution is that on 06.08.2010 at about 9.00 a.m., PW.21 was informed by his relative that his elder sister Dyamawwa (deceased) was lying dead in a field on the way to her house. Immediately, PW.21 rushed to the land of PW.13 - Somappa along with his relatives and saw the dead body of Dyamawwa lying with injuries on her face and further contusion injury on the neck. It is also alleged that near the said dead body there was a boulder which was bloodstained, a beetle nut pouch and one Kurupi were also lying in the said field with standing Sajje crop and there were also broken pieces of bangles and chappal of the deceased. Golden ornaments of the deceased were missing and purse was empty. Accordingly, PW.21 lodged the complaint before Muddebihal police.

(3.) After investigation, the police have filed charge sheet against the accused for the offence punishable under Section 302 of IPC. After observing necessary formalities, learned Sessions Judge framed charge against the accused and on the accused insisting for trial, trial was also duly held. During the trial, prosecution examined PWs.1 to 30 and Exs.P.1 to P.50 were marked. MOs.1 to 18 were also marked. Thereafter, prosecution closed its side and the statement of the appellant was recorded under Section 313 of Cr.P.C. drawing his attention to the incriminating circumstances appearing against him in the deposition of the prosecution witnesses. The case of the defence was one of total denial and false implication. After hearing, the learned Sessions Judge by his judgement dated 24.09.2012 convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to undergo imprisonment for life.