BORAIAH ALIAS PUJARI BORAIAH Vs. STATE

JUDGEMENT

(1.) THE appellant herein is the convicted accused in Sessions Case No. 73 of 1999 by the Additional Sessions Court, Chitradurga for the offence punishable under Section 302 of the IPC.

(2.) THE case of the prosecution in brief is that, accused 1 is the husband of accused 2 and father of accused 3. Deceased Thippaiah is the uncle of Accused 1. The house of the accused and deceased were adjoining each other. Deceased Thippaiah after dismantling his hut obtained permission for construction of the house from the Panchayath and was preparing to dig the foundation for the construction of the house on 22-9-1998 at Gejjiganahalli. On that day, at about 7. 30 p. m. Accused 1 picked up quarrel with the deceased on the ground that the deceased Thippaiah was encroaching upon his site. In the meanwhile, P. W. 1-Shanthamma came to the rescue of her husband thippaiah. Accused 2 and 3 also came to the spot. Accused 1 took the axe M. O. 1 from accused 2 assaulted on the head of deceased at the instigation of accused 2 and 3. As a result of the said assault, Thippaiah fell down after sustaining severe bleeding injuries and died on the spot.

(3.) P. W. 1 along with P. W. 3 and others of the village went to the Police station and lodged the complaint at 11. 00 p. m. on the very day as per Ex. P. 6 before P. W. 12-PSI of Thalak Police Station of Challakere Taluk. On the basis of the said complaint, P. W. 12 registered a case in Cr. No. 102 of 1998 against three accused including the appellant herein for the offences punishable under Sections 324 and 302 read with Section 34 of the IPC. FIR-Ex. P. 7 was sent to the jurisdictional Magistrate through police constable-P. W. 10. The concerned jurisdictional Judicial Magistrate First class received the said FIR at about 12. 30 a. m. (i. e. , 00. 30 hours) on 23-9-1998 (intervening night between 22-9-1998 and 23-9-1998 ). Accused was arrested on 23-11-1998 i. e. , after about two months of the incident. The inspector of Police (P. W. 14) filed the charge-sheet after investigation against all the three accused.