PAMPA Vs. STATE

JUDGEMENT

(1.) The appellant Pompa was charged with having committed the murder of one Sheikanbi of Raichur, on the night of 18-6-1972. The learned Sesaions Judge, Raichur, who tried the appellant acquitted him of the charge of murder, but, however, found him guilty of the offence u/s.323 IPC., and senteneed him to undergo rigorous imprisonment for six months.

(2.) The prosecution case was that the appellant was keeping Sheikanbi as his mistress. On the night of 18-6-1972 the appellant went to the hut where the deceased was living along with her mother Sahirabi (PW.6) and demanded her money as usual and on her pleading inability to pay him any money as she had none, the appellant picked up a quarrel, assaulted her mercilessly with the result she sustained injuries and shortly thereafter died.

(3.) The evidence against the appellant consists of the oral testimony of four witnesses namely Sahirabi (PW.6), Shekar (PW.7), Fakiramma (PW. 3) and Badesab (PW. 9). Their evidence, in substance, is, that the appellant came to the hut of the deceased by mid-night with a petromax light and demanded money from Sheikanabi. On her pleading inability to pay money to the appellant as she had no money with her, the appellant assulted her with stick and that was snatched away by PW. 6. Thereupon, the appellant picked up a blow-pipe that was lying there and assaulted her and that was snatched away by PW.6 and thereafter, according to these witnesses, the appellant picked up a stick and assaulted her. Having not been satisfied with that he caught hold of her hair and pulled her down. These witnesses caught hold of the accused and sent information to the police. The Head Constable came there and took the accused to the police station. Sheikanabi was removed to the hospital where Dr. Krishna Rao Kulkarni examined her and pronounced that she was dead.