GURU @ GURUMALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The material facts of the prosecution case disclose that one Siddaiah is the deceased and he belongs to scheduled caste. PWs.2 and 5 are the sons of the deceased. There was a dispute between the accused and the deceased over sharing of a tree. In that connection there were intermittent quarrels between the accused on the one part and the deceased, PWs.2 and 5 on the other part. On 25.02.2008 in the morning there was a quarrel between the accused and PWs.2 and 5 and in the night the accused was claiming that the deceased belonged to a scheduled caste has become highly arrogant and that he will finish him one day. On the same day, around 8.00 p.m., the deceased was going on the outskirts of Malavalli on Mandya road along with PWs.2 and 6. As per the FIR version, the accused accosted and caused stab injuries on the deceased. PW-1 is the leader of Dalitha Sangarsh Samithi. He received a phone call at 8.30 a.m. about the murder of Siddaiah on the outskirts of Malavalli towards Mandya. PW-1 goes to the spot. He finds PWs.2 and 6 at the spot. PW-2 refused to give complaint on the ground that he will hold Dharna. The dead body was on the road. Since PW2 was not prepared to give the complaint, PW-1 lodged the complaint to the above effect narrating the said fact. PW15 has registered the complaint Ex.Pl and submitted the FIR to the Magistrate. The inquest proceedings are held the next day morning. The dead body is subjected to autopsy. The post mortem discloses that the death is due to shock and hemorrhage as a result of cutthroat injuries. The accused is arrested. The knife used for committing the murder is discovered at his voluntary instance. The blood stained clothing and blood stained knife were sent to the FSL. The FSL report is marked in evidence. However, serological report is not produced. The accused is charged for committing the offence punishable under sections 302 and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The Trial Court convicted the accused for the offence punishable under section 302 and acquitted him of the offence punishable u/s. 3(2)(v) of the SC/ST (POA) Act, 1989.

(3.) The accused is in appeal challenging his conviction.