THIMMAPPA S/O SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant is challenging the legality and correctness of the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Shimoga in SC No.132/2004 on 14.3.2006 wherein the appellant has been convicted for the offence punishable under Sec.302 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/- in default to suffer imprisonment for another period of one month.

(2.) Appellant along with his elder brother Rangappa were tried for the offence punishable under Secs.341, 504, 302, 324 R/w Sec.34 IPC. It is the case of the prosecution that the appellant and A-2 Rangappa are brothers. Based on the complaint lodged by PW-1 Venkatesha as per Ex.P-1 a case was registered against the appellant and his brother Rangappa by PW-14 Madappa PSI, Holenarasipura police station registered the case in Cr.No.68/2004 and FIR was sent to JMFC., Bhadravathi. It is the case of the prosecution that at about 8 a.m. on the morning of 30.5.2004 Gangamma wife of Rajappa (sister-in-law of the appellant) was quarreling with deceased Chandrappa in front of their house in regard to sharing of water from the public tap. A-2 brother of the appellant having seen the quarrel between his sister-in-law Gangamma and deceased Chandrappa came out of the house and thereafter there was quarrel between deceased Chandrappa and A-2 Rangappa. When they were quarrelling, appellant also came to the spot. Appellant and A-2 Rangappa grappled with Chandrappa and pushed him towards the floor mill of Palakshappa situated near their house. Suddenly, A-1 went to his house and brought a knife hiding in a cloth and when A-2 was holding deceased Chandrappa he caused a stab injury on his neck as a result of which Chandrappa fell down which was witnessed by PW-1 Venkatesha, brother of the deceased and PW-2 Nagendrappa, father of the deceased and also by two independent witnesses PW-3 Umesha and his brother PW-4 Vinayaka. Appellant-A1 after stabing the deceased Chandrappa on his neck, started running away from the place and A-2 having seen PW-1 & 2 hit them with a stone which resulted in causing injuries to PW-1 & 2. PW-3 & 4 having seen A-1 running away from the place chased him for a while and A-1 fell in the wet land near the garden land of Manjappa and as a result of which he sustained injuries to his head. While running A-1 threw the knife used for commission of offence. PW-3 & 4 apprehended A-1 and brought him near Boothappana Katte of the village, he was made to stay there till arrival of the police. In the mean while, PW-1 and deceased Chandrappa were shifted to Holehonnur Hospital, since it was Sunday as no doctor was available at Holehonnur, they were shifted to Mc.Gann Hospital, Shimoga and before reaching Mc.Gann Hospital Chandrappa breathed his last. PW-1 was treated by doctor at Mc.Gann Hospital and based on the complaint of PW-1 case was investigated. Police arrested A-1 and on the same day A-2 was also arrested, MO-1 was seized in the presence of panchas as per Ex.P-4, autopsy was conducted on the deceased on the same day evening by Dr.Rudramurthy PW-11 and investigation was further taken over by PW-15 N.Rudramuni, CPI, Bhadravathi Rural. Apart from seizing of MO-1 blood-stained clothes of Chandrappa were also seized and sent for FSL.

(3.) PW-15 filed charge-sheet before the JMFC., Bhadravathi, later the same was committed to the Sessions Court, Shimoga. Accused pleaded not guilty and claim to be tried. In order to bring home the guilt of the accused, prosecution relied upon the evidence of PW-1 to 15, Exs.P-1 to 19, M.Os.1 to 8 and on behalf of the defence Exs.D-1 to 3 were marked during the crossexamination of the prosecution witnesses.