SURESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the charge under Section 304 Part II of IPC on a trial held by Addl. Sessions Judge, Hassan.

(2.) The facts relevant for the purpose of this appeal are as under: PW3 Kariyamma is the wife of deceased Rangaiah. PW4 Sarojamma is their daughter and PW5 Chandrappa is their son-in-law. The appellant is the second accused. Accused No.1 is the mother-in-law of second accused whereas accused No.3 is her son. The aforesaid witnesses and the accused own lands adjoining to each other and are neighbors. On 22.08.2004 at about 3.00 p.m. it is alleged that one Manjaiah son of accused No.1 took a calf in the land of deceased Rangaiah to graze and therefore, there was quarrel amongst the members of their families and at about 7.00 p.m. the accused came to the house of deceased Rangaiah and quarreled about the objection raised in relation to grazing of calf in the land and said to have bet Rangaiah. He fell down and accused No.2 i.e., appellant herein took a stone and hit on the abdomen causing severe pain to the deceased. PW4 - Sarojamma, PW5 Chandrappa and PW7 - Erappa intervened and as the accused whisked away from the place of incident, they approached the elders in the village and they advised the accused to meet out the expenses for the treatment of deceased. On 24.08.2004 Rangaiah was taken to the hospital at Chikkamagalur and as the accused did not turn up to pay the expenses, on 26.08.2004, PW3 Kariyamma the wife of deceased approached the police and filed her complaint - Ex.P14 and it came to be registered by PW13 K Nagaraj, Police Sub Inspector and on the same day at about 11.30 p.m. despite the surgery, deceased succumbed to the injuries sustained. A requisition was sent to include Section 302 IPC against the accused. During the investigation, spot mahazar was held as per - Ex.P15, MO1 Grinding Stone was seized. Statement of the witnesses were recorded. Inquest Ex.P26 was held on the body of deceased. The postmortem report was performed. After collecting relevant documents and on completion of investigation, chargesheet came to be laid against the accused for the charge under Section 302 read with Section 34 IPC.

(3.) During the trial, prosecution examined PWs.1 to 14 and got marked documents Exs.P1 to P38 and MO1. Statement of the accused were recorded under Section 313 Cr.P.C. Accused took a defence of total denial. No defence evidence was led. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, acquitted accused Nos.1 and 3 for the charge under Section 302 read with 34 IPC and convicted accused No.2 (appellant herein) for the offence under Section 304 Part II IPC and ordered him to undergo imprisonment for 5 years and to pay fine. Aggrieved by the conviction and sentence, the present appeal has been filed.