MAHENDRARADHYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused has filed present Criminal Appeal against the impugned judgment of conviction and order of sentence dtd. 25/11/2015 made in S.C.No.139/2009 on the file of IV Additional Sessions Judge, Mysuru convicting the accused for the offences punishable under Ss. 341, 302 and 201 of Indian Penal Code. I. BRIEF FACT OF THE CASE:

(2.) The prosecution case is that on 8/10/2008 at about 9.30 a.m., accused was returning from his garden land, at that time, a dog belonging to PW.5-Nagamma barked at the accused and accused pelted stones to the said dog, enraged by the same, accused assaulted C.W.9 AND C.W.10 with coconut quills. On seeing this, the deceased Mallaradhya @ Lokesha questioned the accused as to why he was assaulting the ladies with coconut quills and there was a quarrel between the accused and the deceased. The accused threatened that he would murder him within 15 days and went away from the spot. It is further case of the prosecution that on 30/10/2008 at about 8.30 p.m., when deceased Mallaradhya was returning home after finishing his work near Ramaswamy channel, accused was waiting for the deceased and assaulted him with chopper (machu) on his face, head and murdered him. Thereafter, threw the dead body into the channel along with his moped in order to screen off the offence of murder. Hence, the accused has committed the aforesaid offences. Based on the complaint by PW.1-Renukaradya, the brother of the deceased, the jurisdictional police after investigation filed a charge sheet against the accused for the offences punishable under Ss. 341, 302 and 201 of Indian Penal Code.

(3.) After committal of the case to the Sessions Court, the learned Sessions Judge framed the charges against the accused and read over and explained to him in the language known to him. The accused pleaded not guilty and claimed to be tried.