SOMESHA H. M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of conviction passed in S.C.No.69/2014 by the Court of I Additional District and Sessions Judge, Davanagere dtd. 3/11/2017/4/11/2017 convicting the accused of the offence punishable under Sec. 302 of IPC and sentencing him to undergo imprisonment of life and pay a fine of Rs.15,000.00, in default he shall undergo simple imprisonment for 6 months. Further, convicting him of the offence punishable under Sec. 201 of IPC and sentencing him to undergo simple imprisonment for 2 years and to pay fine of Rs.1,000.00, in default to undergo simple imprisonment for 15 days.

(2.) The appellant herein was accused before trial Court.

(3.) The case pleaded by the prosecution is that one Ramarao (in short the deceased) was fighting land dispute with one H.M.Chandraiah(A2) who is the father of accused no.1, in respect of Sy.No.5/1A1 of Vaderahalli village of Davanagere. In this connection suit in O.S.No.427/2013 was pending on the file of Additional Civil Judge, Davanagere. There are many criminal complaints filed to the police in this connection. These disputes prompted ill-will between them. In prosecution of ill-will, on 8/11/2013 at about 7.00 a.m., when the deceased was milking the cow in front of cattle shed situated in disputed land, with sole intention to commit his murder, accused no.1/Somesha @ Putta, H.M. Chandraiah(A-2), Sudha(A-3), Veeresh(A-4) and Rudresh(A-5), who are the family members came near the cattle shed of the deceased, on the abetment and instigation of accused Nos.2 to 5 to commit the murder of the deceased, the accused no.1 inflicted injuries on the back of the head and other parts of the body of the deceased with a chopper, as a result of which, the deceased succumbed to death. In order to screen the act of murder with an intention to cause disappearance of the evidence, accused no.1 thrown the chopper into a nearby well and thereby the accused escaped from the spot.