SHEKARAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C.No.83/2016 dtd. 2/2/2017 whereby convicting the accused for the offence punishable under Sec. 302 of IPC, 1860. Whereas under this appeal the appellant is seeking intervention of the judgment of conviction and to consider the grounds as urged in this appeal and consequently, set-aside the judgment of conviction rendered by the trial Court in S.C.No.83/2016 and acquit the accused for the offence punishable under Sec. 302 of IPC.

(2.) Heard learned counsel Sri H.P.Leeladhar for appellant and learned Addl.SPP for respondent - State. Perused the judgment of conviction rendered by the trial Court.

(3.) The factual matrix of the appeal are as under: It is transpired in the case of prosecution that complainant - H.G.Sangappa had entrusted work of construction of house in site bearing No.172 situated at Swamy Vivekananda Layout, Shivamogga to CW.7 - Prakash under whom deceased Rajasab @ Basha and accused Shekarappa were doing masonry work. On 18/12/2015 both deceased and accused were working in the site and since the RCC work was under progress, the complainant met them at 7 p.m. The deceased and accused told him that they are going to have their supper. Both accused and deceased were staying in the same building which was under construction. But on 19/12/2015 at around 8.00 a.m. complainant came to the construction site, but nobody were found outside the building. He entered inside the house where he found the body of the deceased lying in the pool of blood. There were also injuries on the body, the face of the deceased was totally battered. The accused was not found in the house and his belongings were also not found. Under such circumstances, on suspicion, the complainant lodged a complaint against the accused based upon which the criminal law was set into motion by registering the case in Crime No.577/2015 for the offence punishable under Sec. 302 of IPC.