NALLACHANDRA NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction and order of sentence dtd. 7/9/2016 passed in S.C. No.40/2002 by the II Addl. District and Sessions Judge, Kodagu-Madikeri, Sitting at Virajpet, wherein the accused/appellant convicted for the offences punishable under Ss. 302, 307, 201, 279, 337 of IPC r/w Sec. 25(1)(a)(b) r/w 6 and 27 of Indian Arms Act and the accused directed to undergo rigorous imprisonment for life and also to pay fine of Rs.50,000.00. In default of payment of fine, he further directed to undergo 1 year simple imprisonment for the offence punishable under Sec. 302 of IPC. The accused further directed to undergo rigorous imprisonment for a period of 10 years and also to pay a fine of Rs.25,000.00. In default of payment of fine, he further directed to undergo 6 months simple imprisonment for the offence punishable under Sec. 307 of IPC. The accused also directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.10,000.00. In default of payment of fine, he directed to undergo 3 months simple imprisonment for the offence punishable under Sec. 201 of IPC. The accused further directed to undergo simple imprisonment for a period of 6 months and also to pay a fine of Rs.1,000.00. In default of payment of fine directed to undergo 1 month simple imprisonment for the offence punishable under Sec. 279 of IPC. The accused also directed to undergo simple imprisonment for a period of 6 months and also to pay a fine of Rs.500.00. In default of payment of fine, he further directed to undergo 10 days simple imprisonment for the offence punishable under Sec. 337 of IPC. The accused also directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.25,000.00. In default of payment of fine, he further directed to undergo 1 year simple imprisonment for the offence punishable under Sec. 25(1)(a)(b) of Indian Arms Act. The accused further directed to undergo simple imprisonment for a period of 7 years and also to pay a fine of Rs.5,000.00. In default of payment of fine, he further directed to undergo 1 month simple imprisonment for the offence punishable under Sec. 6 r/w Sec. 27 of Indian Arms Act. It is further ordered that all the above sentence shall run concurrently.

(2.) The factual matrix of the prosecution case is that:- On 25/12/1999 at about 4:30 p.m. in Nalvathoklu Village in the land bearing Sy.No.237/4, due to property dispute, when the accused/appellant, who is one of the brother of the deceased Kuttappa, PWs.1 and 3, picking coffee along with his labours, the deceased Kuttappa, PW.1 and PW.3 came to the above said land and asked the accused not to pick coffee. Thereby, verbal exchange taken place between the accused and his brothers, at that time, accused brought the gun and fired at Kuttappa and caused the death of Kuttappa. Further, PW.1 gone near the accused to prevent him from further fire, at that time, the accused assaulted PW.1 with kathi/chopper with an intention to commit the murder of PW.1 and thereby PW.1 sustained severe injuries on his head. Later, PW.2 and 3 intervened, the accused made alarm towards PW.2 and PW.3 with the dire consequences. After committing such incident, the accused escaped from the scene of occurrence in the jeep bearing No. KA-12/M-6626 in rash and negligent manner and thereby hit/dash to one P.Beebi-PW.14 and caused simple injury to her. Further, the accused shot with SBBL gun without having a valid licence and the said gun belongs to his uncle. Hence, the criminal law set into motion by PW.1-injured brother of the deceased by lodging the complaint as per Ex.P1 on 25/12/1999 at about 6:30 p.m. The said complaint was registered by PW.25-Investigation Officer as per Ex.P15 in Crime No.170/1999 dtd. 25/12/1999 for the offences punishable under Ss. 302 and 307 of IPC. Later the Investigation Officer conducted the investigation panchanama and inquest panchanama over the dead body and thereafter arrested the accused. Based on his voluntary statement, the recoveries has been made and after recording the statement of all the witnesses and also obtaining the documents to that effect, the Investigation Officer laid the charge sheet against the accused for the offences punishable under Ss. 302, 307, 506, 201, 279, 337 of IPC r/w Sec. 25(1)(a)(b) r/w Sec. 6 and 27 of Indian Arms Act, before the committal Court.

(3.) On committal of the case before the Court of Sessions, the learned Sessions Judge framed the charges against the accused for the aforesaid offences and read over the same to the accused and the accused denied the charges and claims to be tried.