H. GOPALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused, feeling aggrieved by the judgment dtd. 24/9/2011 passed by the Court of II Additional District and Sessions Judge, Tumkur in S.C.No.84/2006, convicting and sentencing him for an offence punishable under Sec. 307 of IPC.

(2.) Heard and perused the material on record.

(3.) The brief facts of the prosecution case are that, the victim/first informant (P.W.1) was doing contract work since 10-12 years and he had undertaken contract work of Hemavathi Canal and doing construction work near Golenahalli village. One Mahadev was working as Mestri and under him about six to seven persons were working. The work was in progress since 1' months. The accused joined as a watchman and thereafter, started doing coolie work. He was frequently asking P.W.1 to give him money but P.W.1 had refused. Hence, on 26/4/2003, there was a quarrel between them. On the date of incident, i.e., on 27/4/2003 at about 7.30 p.m accused telephoned to the house of P.W.1's aunt asking to send him to his aunt's house. P.W.1 went and waited for ' hour in his aunt's house for the phone call and since the accused did not turn up, at about 8.15 p.m he was proceeding to his house. When he reached the compound wall of the house, the accused suddenly came and with an intention to do away with his life, stabbed on his abdomen with a knife.