LAWS(KAR)-2004-2-23

SANNATAMMA Vs. STATE OF KARNATAKA

Decided On February 11, 2004
SANNATAMMA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE accused/appellant who is convicted for the offence punishable under Section 302 IPC, for committing the matricide and sentenced to undergo rigorous imprisonment for life, has preferred this appeal.

(2.) THE brief facts giving rise to the present appeal are as follows :

(3.) ACCORDING to the prosecution in the morning of 16-9-2000 while P. W. 1 and his neighbours - P. Ws. 2 and 3 were sitting in front of the house and on arrival of the accused when the deceased Laxmi was about to serve him with a tea, suddenly he picked up a sickle lying nearby and gave a fatal blow on the neck of the deceased resulting in her instantaneous death. P. Ws. 1, 2 and 3 immediately caught hold of the accused, tied him to a tree nearby and thereafter with the assistance of P. W. 5 another neighbour informed the Jurisdictional Police at Ankola police Station. P. W. 12 Shivanand - the Head constable and S. H. O. on duty on receipt of the Information immediately went to the spot, learnt about the incident from P. W. 1 and others and recorded the statement of P. W. 1 as per Ex. P. 1. Along with Ex. PI and the accused, he returned back to the Police station and then entrusted the matter to the a. S. I.- P. W. 11. P. W. 11 registered a case in Crime No. 167/00 for the offence punishable under Section 302 IPC. , against accused and arranged to send the F. I. R. to the Jurisdictional Magistrate as well as Superior Officer. Thereafter, the investigation was taken up by Dayanand - P. W. 13 - the police Inspector who drew necessary maha-zars, seizure of certain materials including m. Os. 2 to 4 from the spot, recorded the statements of witnesses and arranged for body being subjected to autopsy. After completion of the investigation on receipt of all the necessary report, charge-sheet came to be filed against the accused. On committal and after charges being framed, as the accused denied the charges and claimed to be tried, he was tried In Sessions Case No. 3/2001.