ERRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant being the accused has preferred this appeal under Sec. 374(2) of Code of Criminal Procedure (for short ' Cr.P.C ') being aggrieved and dissatisfied with the judgment of his conviction and sentence passed by the Additional District and Sessions Judge, Bidar in Sessions Case No.137/2013 dtd. 1/10/2014, convicting him for the offences punishable under Ss. 392 and 302 of Indian Penal Code (for short ' IPC ') and sentencing him to undergo rigorous imprisonment for five years and pay a fine of Rs.25,000.00 for the offence punishable under Sec. 392 of IPC and sentencing him to life imprisonment not less than the life and fine of Rs.20,000.00 for the offence punishable under Sec. 302 of IPC with default sentence. It is ordered that the sentences shall run concurrently.

(2.) The brief relevant facts leading up to this appeal are as under : That the Police Sub-Inspector of Bhemalkhed Police Station, Bidar has submitted the charge-sheet against the accused for the offences punishable under Ss. 302 and 392 of IPC based upon a complaint submitted by one Khashim Ali S/o Mohammed Ali Alivale resident of the address so stated in the complaint.

(3.) It is alleged in the complaint that, complainant is residing at Markunda Village, Taluk and District Bidar along with his parents. His parents have got three sons and two daughters and complainant is the eldest son. It is stated that, the family of the complainant is possessing 12 acres of land at Markunda-Shivar and his father Mohammed Ali S/o Mastan Ali takes care of the same. As usual in the morning hours on 10/3/2013, his mother Munibegum, aged 50 years took the lunch to her husband i.e., father of the complainant at about 11.00 a.m., and went towards their land. His father had gone to his land in the morning hours itself. Complainant was in the village to attend funeral ceremony of one Smt.Jaheerbi W/o Allauddin.