GIRISH B S Vs. STATE

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 8.2.2010 passed by the learned Sessions Judge, Fast Track Court Shimoga in S.C.No.73/2008 convicting the accused for the offence U/s.302 I.P.C and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default to undergo imprisonment for one year.

(2.) It is the case of the prosecution that on 28.10.2007 at about 6.30 p.m. when the deceased was coming with the grass load on his head in Banadakoppa near Aralikatte, the accused committed his murder by intentionally assaulting with a chopper on his right hand, right leg and right wrist, thereby he is alleged to have committed an offence U/s.302 I.P.C. In order to prove its case, the prosecution has examined P.Ws.1 to 14, marked Exs.P1 to P28 and got produced M.Os.1 to 12. The defence of the accused was one of total denial and the defence got marked Ex.D1 to D3 being the portion of Ex.P2 and statements of P.W.2. The learned Sessions Judge after hearing the prosecution and the defence, held that the prosecution has succeeded in proving the guilt of the accused beyond reasonable doubt and has convicted and sentenced the accused which is challenged in this appeal.

(3.) The proceedings in this case commenced with the filing of the complaint by one Doddamane Kannappa who is the father of the deceased. In his complaint, he has stated that he is residing in Banadakoppa Village of Soraba Taluk and that he had gone to the hillock for grazing the bullocks and was sitting in the house in the evening. His son by name Subbappa @ Subbarayappa who kept watch of the bullocks was coming back in the evening as usual. The complainant was waiting for the arrival of his son. On the same day in the morning there were some verbal altercation between himself and his son on the one side and Shivashanka and his son Girish on the other near their house in connection with trespassing of the cattle in their fields and therefore, being distressed about the quarrel in the morning, he was waiting for his son. At about 6.30 p.m. he heard some noise from the nearby Aralikatte saying, "I am dead, I am dead" and the said voice was that of his son. When he went there near the Aralikatte he saw Girish S/o.Shivashankar holding a sickle and was abusing his son. The accused thereafter was announcing that he was going to commit the murder of his son and at that time when he tried to extricate his son from the accused, the accused had assaulted his son on his right leg by means of sickle and the right leg of his son had severed and had fallen down. The accused had also assaulted on the right arm of his son and the hand also was cut and it was hanging. The complainant being scared of the said incident raised cries and at that time the village people including Keladi Huchchappa and Byrappa and other people came near the scene of occurrence and thereafter his son was removed to the hospital in a vehicle. Hence he has requested for taking action against the accused.