PARASAPPA BHIMASHI MURATTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by accused Nos.1 to 3 challenging their conviction and sentence for the offences punishable under Ss. 323, 302, 114 read with Sec. 34 of IPC.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) A charge sheet came to be filed against accused Nos.1 to 3 alleging that deceased Adiveppa and the accused persons are residents of Yadawad. Accused No.1-Parasappa Bhimashi Muratti borrowed a sum of Rs..00.002,000.00 from the deceased about 7-8 months prior to the date of the incident and failed to repay the same. In this regard, a month prior to the date of incident a quarrel took place between them and deceased had slapped accused No.1. Accused Nos.1 to 3 were angry with the deceased. In this background, on 28/8/2015, at 5.00 p.m. once again a quarrel took place between the deceased Adiveppa and accused No.1 and he gave threat to the life of the deceased. Such being the case, on 29/8/2015 at about 9.00 a.m. while accused Nos.1 to 3 were proceeding to work, in front of Basaveshwara Talkies of the Yadawad, deceased stopped them and demanded accused No.1 to return Rs..00.002,000.00 taken from him and assaulted accused No.1 with hands. Enraged by this, accused Nos.1 to 3 said that repeatedly he is demanding return of money from accused No.1 and that they are not going to leave him. So saying accused No.1 assaulted deceased Adiveppa with hands and abetted accused Nos.2 and 3 to finish the deceased. As a result of which, accused No.3-Pundalik assaulted deceased with Axe on the left side stomach below the naval and on the left shoulder, accused No.2-Prakash assaulted deceased with Axe on the right forehead - occipital region and on the left leg. Deceased sustained grievious injuries and died at 10.30 a.m. while being shifted to the hospital and thereby accused Nos.1 to 3 have committed the offences punishable under Ss. 323, 302, 114 read with 34 of IPC.