MALLAPPA HANUMAPPA JOLAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed by the convicted accused seeking their acquittal. The accused -appellants herein are tried and convicted for the offence punishable under Section 302 of IPC apart from other offences and are sentenced to undergo imprisonment for life and to pay certain amount of fine with default clause.

(2.) Case of the prosecution in brief is that deceased Shankaragouda and the accused were friends; all of them are from the same village, viz., Harlapur; the accused as well as deceased Shankaragouda together left their village Harlapur to go to Lakkundi; after reaching Lakkundi, they consumed liquor in a liquor shop and thereafter they came to Parashuram Hotel for having lunch; before having the lunch in the said hotel, all the accused started quarrelling with the deceased Shankaragouda pressurizing him to get them some more liquor; it is relevant to note that the deceased Sankaragouda himself had spent the amount for purchase of liquor at a different place and deceased had brought the accused to hotel for having lunch; the accused were feeling that the liquor consumed by them is not sufficient and therefore they demanded the deceased to get some more liquor for them and in that regard there was an altercation and ultimately accused No.1 slapped on the cheeks of the deceased; all the accused grappled the deceased and pushed him to the ground, consequent upon the deceased fell on the ground and lost his life on the spot.

(3.) The cousin of the deceased viz., Bhimanagouda (PW.13) came to know about the incident and saw the dead body of the deceased lying outside Parashuram Hotel. He went to the house of the deceased and informed the brother of the deceased (PW.4) who in turn came and saw the dead body and lodged the first information before Gadag Rural Police Station at about 6.45 p.m. on 17.12.2000. The police after investigation laid the charge sheet against all the five accused. As aforementioned, the accused were tried for the offences punishable under Sections 143, 147, 323, 302, 540, 506 r/w. Section 149 of IPC.