JAYARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by the accused, who is in judicial custody, assailing the Judgment of conviction dated 07.06.2014 and the consequent order of sentence passed by the I Additional District and Sessions Judge at Mandya in Spl.Case No.47/2013. The Trial Court had convicted the accused for an offence punishable under Section 302 IPC and sentenced the accused to undergo simple imprisonment for life and to pay a fine of Rs. 10,000/-, in default, simple imprisonment for six months.

(2.) The case of the prosecution is that the wife of the deceased lodged a report with the respondent on 27.05.2013 at 2.30 p.m., stating that she came to know from the villagers that the body of her husband was lying near Raghavendra Wine Store at Kirugavalu village bus stand. She stated that she took the body of the deceased to the Government Hospital, wherein, the doctors declared him brought dead. She suspected that it was a case of murder and therefore, sought the intervention of the police to bring the perpetrators to book. The police registered UDR No.5/2013 under Section 174(3)(iv) of the Cr.P.C and an inquest was conducted on 27.05.2013. The towel which was used to strangulate the deceased and the other clothes found on the body of the deceased were seized on 27.05.2013. The statement of Abhishek (PW3) employed as a supplier at Raghavendra Wine Store was recorded on 28.05.2013 and he narrated that the accused had gone to Raghavendra Wine store on 27.05.2013 at about 11.00 a.m. and consumed 180 ml. of whiskey and stood outside ranting against passersby that the JD(S) candidate was fraudulently defeated by the electorate at the elections. He also stated that the deceased consumed 90ml of whiskey at Raghavendra wine store and went out and confronted the accused. He stated that both of them got into fisticuffs and both of them held each other by their collars. The accused kicked the deceased in his leg and the deceased fell down. The accused thereafter strangled the deceased with a towel, which the deceased was wearing around his neck, while the deceased was struggling to get away. Later, when the deceased stopped struggling, the accused went back into Raghavendra wine store and consumed 90 ml of whiskey and went away. PW3 stated that both the accused and the deceased were regulars at the wine store and since he thought that the deceased had lost consciousness, he kept quite. Later, the wife of the deceased came and took the deceased to Shankaregowda hospital and then to Government Hospital where the doctors declared him brought dead.

(3.) Based on the statement of PW3, a first information report (Ex.P5) was registered in Cr.No.68/2013 for the offences punishable under Section 302 IPC r/w Section 3(2)(v) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act, 1989.