(1.) This appeal is directed against the Judgment of Conviction and order of sentence passed by the Presiding Officer, Fast Track Court, Bailhongal in S.C. No.140/2011, whereby the appellant/accused is sentenced to undergo life imprisonment and to pay fine of Rs.50,000/-, in default to undergo rigorous imprisonment for five years for the offence punishable under Section 302 of IPC and further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, in default to undergo further period of one year rigorous imprisonment for the offence punishable under Section 506 of IPC. Out of the fine amount, Rs.40,000/- shall be paid to PW-7 son of the deceased Manjula as compensation.
(2.) The prosecution case in brief is as follows :
(3.) While so, on 16.02.2011 at about 12 to 12.30 noon when the deceased Manjula was washing clothes in front of her house, the accused assaulted with sickle on her neck as a result, she fell down in front of her house on the gutter and died on the spot. PW-7 Sudeep R. Nagannavar son of accused came there and tried to resist, the accused threatened and chased him and the accused after committing murder went away from the spot. After coming to know about the incident, Shivanand Bhimappa Sarawari brother of the deceased lodged a complaint before the Police and the same was registered as Crime No. 34/2011. The Police visited the scene of offence, conducted Ex.P1 panchanama, seized the blood stained mud, plain mud and hairs pieces and conducted inquest over the dead body of the deceased and seized clothes of the deceased in the presence of the panch witnesses and subjected the dead body of the deceased for post mortem examination. PW-19 Medical Officer conducted post mortem examination on the dead body of the deceased Manjula and issued Ex.P17 Post Mortem Report. He also issued Ex.P18 - opinion stating that the injuries found on the deceased may be possible due to the assault with the sickle (MO 8). Thereafter, PW-20 Investigating Officer recorded the statement of the witnesses. On 24.2.2011 the accused was arrested and produced before the Court. After completion of investigation PW-21 Inspector of Police filed charge sheet.