DASAIAH, S/O KALAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 30.09.2008 passed by the Sessions Judge, Kodagu at Madikeri in SC No.19/2007 convicting the appellant for the offence under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. .2,000/- and in default of payment of fine to undergo rigorous imprisonment for six months.

(2.) It is the case of the prosecution that on 10.12.2006, at about 5.00 a,m in the room of the residential line house of CW.9-Kotramada Boppanna, the accused intentionally or knowingly committed murder of the deceased Eraiah by assaulting him on his head with Guddali and causing grievous hurt to him, as a result of which the deceased died on 02.01.2009 thereby, he is alleged to have committed an offence punishable under Section 302 of IPC.

(3.) In order to prove the case, the prosecution has examined in all 25 witnesses and got marked Exs.P1 to 32 and produced MOs.1 to 23. The defence of the accused was one of total denial, however, he got marked Exs.D1 to 7 being portion of the statement of the witnesses. After hearing the prosecution and the defence, the learned Sessions Judge was pleased to convict the accused and sentenced him as aforestated. It is this order of conviction and sentence which has been challenged by the appellant in this appeal.