RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused is before this Court aggrieved by the impugned judgment of conviction and order of sentence dated 13.04.2017 on the file of learned Principal District and Sessions Judge, Bagalkote (hereinafter referred to as the 'trial Court') in S.C.No.73/2015, whereunder the appellant/accused was convicted for the offence punishable under Section 302 of IPC and he was sentenced to undergo imprisonment for life and pay fine of Rs.25,000/- and in default to pay fine, to undergo simple imprisonment for three months.

(2.) We have heard the learned counsel Sri.K.S.Patil for the appellant/accused and learned Addl. SPP Sri.V. M. Banakar for the respondent-State and perused the materials on record.

(3.) The brief facts of the case as contended by the prosecution are that the accused is the brother of the deceased Shantavva and their father had landed properties at Jammanakati of Badami taluk standing in the name of Somanagouda-father of the accused and the deceased. The deceased had 1/4th share in the said properties. A suit for partition in that regard was filed and the same was decreed. She had even filed Final Decree Proceedings before the Civil Court. The accused was disgruntled by the move of the deceased for having claimed the share in the properties belonging to her father and on 21.04.2015 at about 9.30 am found the deceased Shantavva proceeding with her son Basappa on foot. At that time, the accused assaulted her with an axe on her neck and caused fatal injuries, as a result of which the deceased died on the spot. On seeing the gruesome act committed by the accused, Basappa-son of deceased, who had accompanied his mother, ran away from the scene of offence and informed this fact to his aunt Yallavva, who inturn lodged the first information as per Ex.P6, against the accused. The FIR was registered against the accused in Crime No.29/2015 of Keroor police station, for the offence punishable under Section 302 of IPC and after investigation the charge sheet came to be filed against the accused for the above said offence.