SANTHOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused-appellant aggrieved by the judgment dtd. 21/11/2019 in Sessions Case No.92/205 passed by the learned I- Additional District and Sessions Judge, Dharwad sitting at Hubbali, for the offence punishable under sec. 302 of the Indian Penal Code 1860 (for short "the IPC '), has filed this appeal challenging the same.

(2.) The brief facts of the case are as follows:

(3.) The police inspector of Ashok Nagar Police Station, Hubballi filed the charge-sheet against the accused for the offence punishable under Sec. 302 of the IPC in Crime No.15/2015 of the said police station. It was alleged in the charge-sheet that on 7/3/2015 at about 12.30 p.m., while Ramadas Kudalkar (deceased) was in his Laxmi Jewelry shop at Bhavani Nagar, Hubballi, the accused with an intention to commit his murder came there in the guise of getting some silver ornaments polished and hit the deceased with a machete (Koyta), which is marked at M.O.2, over his head and in the result the deceased sustained head injury and his right thumb was also chopped in the incident. Immediately, he was shifted to KIMS Hospital and later to Balaji Hospital, where he succumbed to the injuries on the next day, i.e. on 8/3/2015 at about 2.35 p.m. The motive for the alleged offence is stated to be that the accused was indebted to the deceased to pay a sum of Rs.60,000.00 and when the deceased demanded the same repeatedly, the accused had a motive to commit the offence and therefore, entered the shop premises of the deceased and assaulted him with M.O.2 and committed crime.