MUNIYAPPA @ MURALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant arraigned as accused No. 1, alongwith his mother and younger brother arraigned as accused Nos. 2 and 3, took their trial before the Principal Sessions Judge, Kolar in S.C. No. 81/2005 for the offences punishable under Sections 302, 504 and 114 IPC inter alia on the allegation that at about 11.00 a.m. on 22.5.2004, all the three accused persons intentionally insulted the deceased Krishna @ Kanda and his mother Smt. Indiramma near their house in Hanumanthanagar, Bethamangala, Bangarpet Taluk and at that time, at the instigation of accused Nos. 2 and 3, accused No. 1 stabbed first Krishna @ Kanda with knife and when his mother Indiramma questioned accused No. 1 about, his act of assault, on her son Krishna @ Kanda, accused No. 1 stabbed her also indiscriminately with knife and thereby caused serious injuries to both Krishna @ Kanda and Indiramma. to which both of them succumbed.

(2.) ACCORDING to the ease of the prosecution, the two deceased persons being the neighbourer of accused persons, were putting up construction of bathroom and toilet by the side of the house of the appellant -accused in Hanumanthanagar, Bethamangala, Bangarpet Taluk. In respect of said construction, there was some dispute between the accused and the deceased persons. It is in that background, the accused committed the murder of both the deceased persons by stabbing them with knife. According to the case of the prosecution, immediately, after the incident, the accused went to Bethamangala Police Station alongwith blood -stained knife and blood -stained clothes. Thereafter, P.W. 14 -Venkateshappa who was working as a Mason at the site of construction and who witnessed the incident of assault on the two deceased persons by the accused, lodged a written complaint about the incident as per Ex. P7, based on which P.W. 21 -Eraj, PSI and SHO registered the case in Crime No. 54/2004. Thereafter P.W. 21 handed over the investigation to P.W. 18 -Sathyanarayana, Circle Inspector. During investigation, the Investigating Officer conducted inquest over the two dead bodies, seized the blood -stained knife and blood -stained clothes found on the person of the accused in the Police Station under mahazar Ex. P9 and subjected the dead bodies to post -mortem examination. P.W. 7 -Dr. K. Siddalingaiah conducted post -mortem examination on the dead body of Indiramma while P.W. 8 -Dr. M. Shivakumar conducted post -mortem examination on the dead body of Krishna @ Kanda and submitted a report as per Exs. P4 and P6, respectively. Both of them opined that the death of the two deceased was due to shock and hemorrhage as a result of injuries to vital organ, namely, the heart. The Investigating Officer during investigation, recorded the statement of witnesses, subjected seized articles to forensic examination and after collecting necessary documents, submitted charge -sheet against all the three accused persons. Upon their appearance before the learned Sessions Judge on the case being committed, the accused persons pleaded not guilty for the charges levelled against them and claimed to be tried. The prosecution in order to bring home the guilt of the accused persons examined 21 witnesses, relied on 13 documents and 18 material objects.

(3.) WE have heard Sri D. Venugopal, learned counsel appearing for the appellant -accused No. 1 and Sri N.S. Sampangiramaiah, learned High Court. Government Pleader appearing for respondent -State.