KAREPPA Vs. STATE

JUDGEMENT

(1.) This appeal by the accused against the judgment of conviction and order of sentence dtd. 31/10/2013 in Special Case No.17/2012 on the file of the II Additional Sessions Judge, Bijapur ('the Trial Court' for brevity).

(2.) The parties shall be referred to as per their status before the trial court for the sake of convenience.

(3.) Briefly stated the facts are that, the accused and his son-in-law Lagamanna as well as the victim of this case viz., PW-2/Shanthappa are the fellow residents of Madari Village, Muddebihal Taluk of Bijapur District. On 4/6/2012 at about 9.30 p.m., the accused and his son-in-law Lagamanna were quarrelling with each other in the village. PW-2 being a person known to them intervened and pacified the quarrel and returned back to his house. The accused got enraged for such intervention, went to house of PW2 about 10.15 p.m., armed with an axe, abused and insulted him taking his caste name. The accused was advised, pacified and sent back by PW-2. While going away, the accused threatened that he will not spare him. Thereafter at about 10.30 p.m., PW-2 was sleeping in the land of one Gaddeppa Sangappa Tigali guarding herd of sheep. The accused came there armed with axe and sickle with an intention to commit his murder, took out a quarrel, abused him in filthy language, inflicted injuries on his back and left hand, causing him grievous hurt and made attempt to commit his murder. PW-2 informed this to his father-in-law PW-5/Laxman, who set the law into motion by filing the complaint. The accused was arrested and subjected to judicial custody. PW-13/Vithal Jagali, Dy.S.P. has investigated and charge-sheeted the accused.