HALAPPA BHARAMA GAVANALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed under Section 374(1) of the Code of Criminal Procedure against the Judgment of conviction and order of sentence dated 8* July, 2011 in S.C. No.6/2011 on the file of the Fast Track Court-I, Chikodi, whereby the appellants who are accused Nos. 1 and 2 have been convicted for the offence under Section 302 r/w Section 34 of I.P.C., sentencing them to undergo imprisonment for life and to pay fine of Rs.5,000/- each, in default of payment of fine to undergo simple imprisonment for five months.

(2.) THE relevant facts leading to filing of this appeal are as follows:

(3.) PW-26 - K.V. Shridhar, Inspector of Police took up further investigation on 03.08.2010, visited the scene of offence, prepared spot panchanama in the presence of PW-4 - Ramappa Devappa Itnale and Ajit, seized the blood stained mud samples, a pair of chappal, lunch bag and wooden piece. He also prepared rough sketch of the scene of offence, recorded the statements of the witnesses. On 12.08.2010 he received death intimation of Narasappa from K.L.E. Hospital, Belgaum. Thereafter, he visited the Hospital and conducted inquest over the dead body of the deceased Narasappa in the presence of PW-3 - Siddappa Shankar Itnale and one Mahesh and sent the dead body for post-mortem examination. He also seized the clothes of the deceased Narasappa produced by the Constable in the presence of PW-3 - Siddappa and PW-5 - Balappa Ayeppa Gavanale under a panchanama. He also secured the statements of the witnesses. On 21.08.2010 at about 11.00 A.M. the accused had disclosed about the commission of the offence before PW-7 - Basagouda Gangappagouda Patil and PW-8 - Ishwaragouda Ningouda Patil at Raibag Bus Stand and sought for their help, they advised the accused to approach the Police. Thereafter, PW-26 recorded the statements of both PW-7 and PW-8.