PARASAPPA DURGAPPA MADAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Present appeal is filed by the appellant/accused No.1 being aggrieved by the judgment and order dtd. 20/8/2019 passed in Sessions Case No.27/2015 on the file of the Principal District and Sessions Judge, Bagalkot (hereinafter referred to as 'the Trial Court') by which the Trial Court has convicted accused No.1 for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced him to undergo imprisonment for life and pay fine of Rs.25,000.00 and in default of payment, to undergo simple imprisonment of six months and has acquitted accused No.2 of the said offence.

(2.) The case of the prosecution is that; the deceased Malakajagouda had illicit relationship with the wife of accused No.1 namely Smt.Gangavva. That on 8/11/2014 at about 12.45 a.m. near Dyamavvana Katte, in the land bearing R.S.No.40 belonging to the complainant situated in Vajjal village, accused No.1 in furtherance of his common intention along with accused No.2 murdered Malakajagouda by assaulting him with an axe on the backside of his neck and head while he was sleeping in the land.

(3.) The prosecution examined 21 witnesses as PWs.1 to 21 and exhibited 27 documents marked as Exs.P1 to P27 and produced 11 material objects as MOs.1 to 11. On recording the statement under Sec. 313 of Cr.P.C., accused Nos.1 and 2 denied all material evidence produced against them and examined one Sunita Arun Kathari as DW1 and produced document Ex.D1 in their defence evidence.