MANJUNATHA ALIAS NEPALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the common Judgment dated 31.08.2010 passed in SC No. 267/2009 and SC No. 31/2010 by the Additional District and Sessions Judge, Fast Track Court -VII, Doddaballapur convicting the appellant/accused No. 1 for the offence under Section 302 of IPC and sentencing him to undergo imprisonment for life for the said offence, while acquitting accused No. 2 of the said offence. It is the case of the prosecution that, on 21.01.2009 at about 9.30 a.m. on the road near the shop of one Rajanna, appellant/accused picked up quarrel with the deceased Sarojamma at Melekote, Tubigere Hobli, Doddaballapur Taluk and intentionally caused her death by stabbing with knife to her stomach, thereby, he is alleged to have committed the offence under Section 302 of IPC.

(2.) THE prosecution in order to prove the case has examined in all fourteen witnesses and got marked Exs. P1 to 9 and produced MOs. 1 to 3. The defence of the accused was one of total denial. However, by the impugned Judgment the learned Sessions Judge was pleased to convict the appellant and sentenced him as aforestated, while acquitting accused No. 2 of the charge leveled against her. It is this order of conviction and sentence which has been challenged by the appellant in this appeal.

(3.) THE Doddaballapura Rural Police registered the said case in Crime No. 17/2009 for the offence under Section 302 r/w. Section 34 of IPC and commenced the investigation. After completion of investigation, charge sheet came to be filed.