BASAPPA BHIMAPPA DODDAMANI Vs. STATE

JUDGEMENT

(1.) This appeal and the reference arise out of Sessions Case No. 17 of 1959 on the file of the Addl. Sessions Judge, Dharwar, in which the appellant Basappa Bhimappa Dodmani having been tried on a charge of having committed the murder of one Fakirappa Kariyappa Dodmani by stubbing him with a knife at about 5 p.m. on the 3rd of August, 1958, was found guilty of the offence and was sentenced to death by the Sessions Judge subject to confirmation by this Court. The reference is for the confirmation of the sentence and in the appeal by the accused the contention is that he should have been acquitted.

(2.) The case for the prosecution is a very simple one. According to them, when deceased Fakirappa was sitting on the katta of his house, the accused-appellant came to the place burling abuses at him; when Fakirappa got down from the katta and asked the accused to keep quiet, the accused clashed agaiast Fakirappa and when Fakirappa further asked him whether he proposed to beat him, he said that he had come for the very purpose and immediately plunged a knife into the left side of Fakirappa's abdomen. Fakirappa did not die immediately. An attempt was made to take him to the hospital at Hubli, 14 miles away from the place of occurrence, and an ambulance van from the hospital was brought down to Arlikatte about a mile from the place; because the road between the village Inamkop and Arlikatte was not a motorable one, Fakirappa was carried to Arlikatte but he succumbed to his injury before he could be put into the van.

(3.) The appellant Basappa and the deceased Fakirappa are distant Bahubands and are both, residents of Inamkop village in Kundgol taluk of Dharwar district. On the day of occurrence, i.e., Sunday the 3rd of August 1958, Fakirappa who had been to Hubli for some purpose, had just returned about 2 hours before sunset. Immediately on his return he took his evening meal and was sitting on the katta of his house. His wife Mariyavva P. W. 1 sat on the threshold doing some household work. Next to her was her daughter Ningawa P. W. 2 feeding her infant babe; her husband Basappa Kudri and a 10 year old daughter Gowrawa were also present Mariawa's brother's son llamappa P. W. 4 who was living and working with her was at that time collecting fodder in the backyard of the house. P. W. 6 Bhimappa Bharmappa Naik is the occupant of the house opposite to that of Fakirappa. He was at that time, according to his evidence, eating his evening meal inside his house. P. W. 5 Giriyappa Mallappa Kodliwad had gone to the shop of P. W. 7 Nagawa Rachappa Medarshetti for purchasing some betel leaves. That at shop is 34 paces away from the house of Fakirappa.