RANGAPPA Vs. STATE OF BETAMANGALA POLICE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the Court of the III Additional District & Sessions Judge, Kolar (Sitting at K.G.F.) in S.C.No.122/2015 dtd. 8/12/2016 whereby, the trial Court sentenced the accused for the offence punishable under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short). In this appeal, the appellant is seeking intervention of the judgment of conviction and order of sentence, to consider the grounds urged in this appeal, to set aside the judgment of conviction rendered by the trial Court and to acquit the accused for the offence under Sec. 302 of IPC.

(2.) Heard the learned counsel Sri.N.R.Krishnappa for the appellant and so also, learned HCGP Smt.Rashmi Jadhav for the respondent-State. Perused the judgment of conviction passed in S.C.No.122/2015 consisting the evidence of PW.1 to PW.22 and so also the documents marked as Exs.P1 to P19 including MO.1 to MO.5.

(3.) The factual matrix of the appeal are as under:- It transpires from the case of the prosecution that, since about 15 years i.e., prior to 26/12/2014, the accused namely Rangappa had a illicit relationship with the deceased Gowramma and they were residing together at Kannur village, Bangarpet Taluk, Kolar District. The deceased Gowramma decided to stop her illicit relationship with accused person and also she informed the same to him and by convening panchayath relating to return of Rs.25,000.00 which she owed to him, in front of panchayathdars i.e., elderly persons, she returned a sum of Rs.25,000.00 to the accused and in spite of that the accused person who intended to continue his illicit relationship with the deceased Gowramma and also used to quarrel with her frequently. The deceased did not agree to continue her illicit relationship with him. Therefore, on 26/12/2014 at around 3.00 p.m., the accused had came to the house of the deceased Gowramma at Kannur Village and whereby, picked up a quarrel with her and brutally assaulted her with means of crow bar on her chin, right ear, right jaw, left hand, chest and also pierced on the head of the deceased Gowramma and committed murder of the deceased. Subsequent to committing the murder of the deceased by the accused brutally, he ran away from the scene of crime i.e., house of the deceased Gowramma. In pursuance of act of the accused and so also on receipt of a compliant made by PW.1- Smt.Malathi, who is none other than the daughter of the deceased Gowramma and based upon her complaint, criminal law was set into motion by recording FIR as per Ex.P18.