BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-Accused is seeking the intervention of this Court in the judgment of conviction and order of sentence passed by I Addl. District and Sessions Judge, Bagalkot, sitting at Jamkhandi, in S.C.No.53/2013 dated 29.11.2016.

(2.) We have heard learned counsel Sri S.S.Patil and Sri Sanjay Chanal, for the appellant/accused and Sri V.M.Banakar, learned Additional State Public Prosecutor, for the respondent/State.

(3.) The genesis of the case of the prosecution is that the daughter of the complaint was given in marriage to the accused (Basavaraj Ramappa Talawar) and his son (Janu Yamanurappa) was doing the contract work by obtaining a contract licence. Accused being the son-inlaw was assisting the son of the complainant in executing the work of the contract. Accused always used to ask son of the complainant to get a contract licence for him, for which he used to tell to gain the work experience and then, he would get a licence for him. On the date of the alleged incident i.e., on 11.03.2013, a petty quarrel took place and when they were sleeping in the morning at 5 a.m., the appellant-accused being the son-in-law informed over phone to the complainant that on Petlur road near Ningapur Silk Centre in a field while they had slept, someone had put a big stone on the head of the complainant's son Janu and crushed his head and he died and immediately asked him to go over there. On hearing that, the complainant went to the spot and found that his son had died with head injuries and a big stone was also lying by the side of the head. On enquiry of his son-inlaw, he informed that at about 10.30 a.m., the deceased and other workers came for pipeline work and after finishing the work, in the evening they had their dinner and slept in the land. In the night, they heard a sound and when they woke up, three persons who had worn black lungi ran away towards Ningapur. One of the worker by name Neelappa told that when they had slept, son of the complainant, Janu and his son-in-law/accused quarreled in respect of the contract licence and they had pacified the quarrel and later, they heard crying sound and woke up and at that time, saw son-in-law of the complainant sitting on Janu and assaulting him with a big stone and all the four who were present dragged him and because of the assault, the deceased sustained grievous injuries on the left side of the head and it started bleeding and he died. It is further stated that when they asked the accused as to why he had done so, he told that as he did not get contract licence for him, he has assaulted him with stone and he also threatened them that if they tell the said fact to the police or others, they would also be done away with their lives. On the basis of the said say of Neelappa, a complaint was filed and a case was registered in Cr.No.32/2013. Thereafter, after the investigation, charge-sheet has been filed. The learned Magistrate after following the procedure committed the case to the Sessions Court. The Sessions Court took the cognizance and secured the presence of the accused who was in custody and after hearing the learned counsel appearing for the parties, charge was framed. The accused pleaded not guilty. He claimed to be tried and as such, the trial was fixed.