VISHWANATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals arise from the common judgment dated 27-11-2002 passed by the learned Sessions Judge, Uttarakannada, Karwar in S. C. No. 55 of 2002 (original S. C. No. 8 of 1979), finding the accused guilty of the offences punishable u/s. 302 and 326 I. P. C. and sentencing him to life imprisonment for the offence u/s. 302, I. P. C. , and simple imprisonment of three years for the offence u/s. 326 of I. P. C. It is to be noted here itself that though the offence took place in the year 1979, because of the unsoundness of mind, deaf and dumb handicap of the accused, he was kept under observation in Mental Institute almost for a period of 22 years and only after the doctor's certificate that the accused is in a fit condition to face the trial, the trial took place in the year 2002. Even though the trial judge did not give emphasis to the plea of guilt admitted by the accused at the time of framing and hearing of the charge, nevertheless the Court proceeded to record the evidence of the prosecution. However, at the stage of recording 313 Cr. P. C. statement, again the trial Court noticed the possible inability of the accused understanding the proceedings. After finding the accused guilty and sentencing him, under the provision of Section 318 of Cr. P. C. , has referred the case to this Court. Similarly, being aggrieved by the judgment of conviction and sentence passed by the trial Court, the accused has preferred jail appeal. Hence, as the question of law to be considered and the evidence to be appreciated in both the cases being common, both the cases have been taken up together for consideration.

(2.) AS the accused has filed the appeal as an indigent person through jail, we requested Sri. B. Anand, learned Advocate to assist the Court as Amicus Curiae on behalf of the accused both in the reference case as well as in the appeal filed by the accused. Sri H. S. Chandra Mouli, learned SPP. , has appeared for the State in both cases. We have heard both the counsel in detail and perused the material on record.

(3.) THE case of the prosecution stated in brief is as follows : the accused Vishwanath and the deceased Ashok were the sons of Sheshagiri Nayak (C. W. 6) and all are residents of Uppinapattana (Pancha), Kumata Taluk, Karwar district. According to the prosecution, on 27-4-1979 at about 2. 30 p. m. , when the accused was plucking the Guava fruits from the tree in front of his house in the open yard, the deceased Ashok objected for his plucking of raw fruits and immediately getting enraged by the same, it is alleged that, accused assaulted his brother Ashok with a sickle that he was carrying with him and further, when C. W. 6 Sheshagiri Nayak, the father and C. W. 1 Krishna Panduranga Shanbagh (wrongly mentioned in the charge sheet as Lakshmana Panduranga Shanbagh) came to the rescue of the deceased, they too were seriously assaulted by the accused causing grievous injuries on them. Immediately thereafter, said Krishna Panduranga Shanbagh went to the police station and lodged his oral complaint before the Station House Officer T. M. Byadagi, the then P. S. I. , of Kumata Police Station. The oral statement of said Krishna Panduranga is reduced in writing and treating the same as complaint, the S. H. O. registered case in crime No. 53 of 1979 for the offence u/ss. 302, 326 of I. P. C. against the accused and took up the investigation. During the course of investigation, it is alleged that the accused has led the investigation team to the place where he had hidden the weapon used for committal of offence and the same was recovered. After recording the statement of witnesses and drawing necessary mahazars like, spot mahazar, recovery mahazar, the dead body of the deceased is subjected to the autopsy. After completion of investigation and on receipt of the necessary reports, charge sheet is filed against the accused for the aforesaid offence.