HARSHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the sole accused challenging his conviction for the offence punishable under Ss. 307 and 326 of IPC passed in S.C.No.06/2020 by 1st Addl. District and Sessions Judge, Chitradurga by judgment dtd. 8/4/2021. The appellant/accused has been sentenced to undergo simple imprisonment for 6 years and to pay fine of Rs.30,000.00 with default sentence to undergo simple imprisonment for one year for offence under Sec. 307 of IPC and to undergo simple imprisonment for 6 years and fine of Rs.10,000.00 with default to undergo simple imprisonment for six months for the offence punishable under Sec. 326 of IPC. The Trial Court has ordered both sentences to run concurrently and set off benefit is granted for the offence under Sec. 428 of Cr.P.C.

(2.) The brief facts of the prosecution are that the complainant, O.Prakash and his children were residing in the house situated at C.K.Pura, Chitradurga, and the appellant/accused who had no avocation often and often picked up quarrel with his father O.Prakash and demanded to give share in the house, hence by disgusting with the same, they left the house belonged to Sathyanarayana Guptha situated at Bapuji Nagara, 2nd Cross, Chitradurga by giving the house situated at C.K.Pura to the appellant/accused. On 10/11/2019 in the evening at about 6.40 p.m., the appellant/accused came to the house of complainant wherein the complainant, father and sister were residing in rented premises in first floor and accused entered the house pestered his father O.Prakash to give share in the house situated at C.K.Pura and pestered to give money, when he refused for the same, the appellant/accused with an intention to kill him, assaulted on his left ear, left shoulder and left hand with billhook causing simple and grievous injuries. The complaint came to be lodged against the appellant/accused for the offence under Ss. 307 and 326 of IPC in Crime No.181/2019 and the case was committed to the Court of Civil Judge and JMFC, Chitradurga in C.C.No.72/2020.

(3.) During Trial, O.Prakash who is the father of this appellant/accused and husband of the complainant met with natural death in the year 2020. The complainant has been examined as PW.4 and one of the daughters is examined as PW.9. The Trial Court placing reliance on the evidence of complainant-PW.8, PW.9-sister of the appellant/accused who is an eyewitness to the incident coupled with the evidence of the doctor who examined the injury, convicted the appellant/accused for the offence under Ss. 307 and 326 of IPC. PW.2 and PW.5 who are stated to be other eyewitnesses, are not supported the case of prosecution.