STATE OF KARNATAKA Vs. SHIVAKUMARA

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment dtd. 4/1/2016 in Sessions Case No.91/2014 on the file of Prl. District and Sessions Judge, Tumakuru. The respondent was charge-sheeted for the offences punishable under Ss. 324, 326, 307 and 302 of IPC.

(2.) The brief facts of the case are that the complainant, Parvathamma, is the mother of the accused. The complainant, the accused, and one Lakshmikantha, the paramour of the complainant, were residing together in a rented premises situated at Santhepete Extension, Sira Town. The complainant used to spend all her earnings for a lavish lifestyle with Lakshmikantha, and the accused was neglected by the complainant. There was previous ill will between the accused and Lakshmikantha, who quarrelled 3-4 times before this incident. On March 29, 2014, at 9.45 p.m., when the complainant, the accused, and Lakshmikantha were in the house, the accused, with an intention to kill the complainant and Lakshmikantha, picked up quarrel in regard to changing the TV channel while watching the television and assaulted the complainant and Lakshmikantha with a wooden club, the complainant and the Lakshmikantha got injured; however, Laxmikantha succumbed to death in General Hospital Sira,as a result, the accused allegedly committed offences. Accordingly, the investigating officer submitted charge sheet against the accused for the alleged commission of the offence.

(3.) To prove the case of the prosecution, the prosecution in all examined 7 witnesses as PWs.1 to 7, got 25 documents marked as Exs.P.1 to 25, and 6 material objects marked as MO.1 to 6.