NAGESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Section 374, Criminal Procedure Code against the judgment of conviction dated 29-7006 in S.C. No.157/2005 passed by the Principal District & Sessions Judge, Tumkur, whereby the sole accused Nagesha was convicted and sentenced to imprisonment for life and to pay fine of Rs. 5,000/- for an offence punishable under Section 302, IPC.

(2.) The facts leading to this appeal are as follows :

(3.) Out of the prosecution witnesses examined, PW-1 Govindappa is the elder brother of the accused, PW-2 Harish is the minor son of the accused as well as deceased, who witnessed the incident. PW-3 Hanumantharaya is another elder brother of the deceased. PW-4 Aswathanarayana is the scribe of Ex.P1 complaint, PW-5 Rangaraju are the relatives of the accused. PW-6 Kumbaiah is the father of deceased. PW7 S.P. Narayanappa brother-in-law of the accused, PW8 is Smt. Rajamma elder sister of the accused and mother of the deceased. PW9 is B.M. Raju uncle of the accused who visited the scene of offence immediately after the incident. PW10 is E.V. Venkatesh Asst. Engineer in BESCOM. PW11 is Girish who acted as panch witness to seizure of MOs 1 and 2 blood stained clothes. PW12 is Lakshmana has identified MOs 8, 11-14 which were the personal wearings of the deceased. PW13 Ramappa is the Police Constable who submitted FIR to the Court. PW14 Nagabushan is another Police Constable who got conducted inquest over the dead body through Dr. Suryanarayana Reddy, Medical Officer in the Government Hospital at Madugiri. PW15 is also another Police Constable who took the seized articles to FSL. PW16 D. Rangaswamy was the Secretary of Bijawara Grama Panchayat who issued Ex.P10, the copy of tax demand register. PW17 M.N. Naveen Kumar is the photographer who photographed the dead body of the deceased. PW18 Dr. B.V. Suryanarayana Shetty was the Physician in Government General Hospital at Madugiri who conducted post-mortem of dead body of the deceased. PW19 S. Chandrashekar was the Asst. Engineer, PWD, Madugiri who prepared the sketch of scene of offence. PW20 G. Hanumantha Reddy was the Circle Inspector of Police at Madugiri during the relevant period who took over further investigation, arrested the accused, seized the clothes worn by the accused and the articles found near the scene of offence and the blood stained T-Shirt of son of the deceased, recorded the statements of the parents and son of the deceased and also the witnesses. After completing the investigation, charge sheet was filed. PW21 B.Y. Renuka Prasad was the Police Constable who registered the case and submitted FIR. PW22 Ramanna is the neighbour of accused and deceased who rushed to the scene of occurrence immediately after the incident along with the elder brothers of the accused.