T. BASAVARAJAPPA Vs. STATE

JUDGEMENT

(1.) Appellant who is accused in S.C. No. 99 of 2009 on the file of the Principal Sessions Judge at Chitradurga has filed the present appeal under Section 374(2) of Code of Criminal Procedure, 1973 challenging the judgment of conviction and order of sentence dated 18-8-2010 for the offences punishable under Sections 498-A and 302 of Indian Penal Code, 1860. Brief facts of the case leading to the filing of the appeal may be stated as under:

(2.) The Trial Court after hearing arguments, perusing the oral and documentary evidence on record came to a conclusion that the prosecution brought home the guilt of the accused for the charges levelled against him and passed the impugned judgment of conviction and order of sentence. This is impugned in this appeal.

(3.) The appellant-accused has filed the present appeal taking the legal assistance from the High Court Legal Service Committee. He is defended by Sri C.V. Sheelavanth. Learned Counsel for the appellant submits that the Trial Court has not properly appreciated the evidence available on record and erred in convicting the accused on the basis of the evidence of the blood relatives of the deceased, namely, parents and brother, though the alleged eye-witness: Bheemajji (P.W. 2), the neighbour of the accused, has not supported the case of the prosecution. He further submits that the Trial Court has convicted the accused on the circumstantial evidence and the dying declaration alleged to be recorded by P.W. 18-Rajanna, Head Constable of Bharamasagara Police Station and Taluka Executive Magistrate: P.W. 14-Subhash Mota Nayak and prays that the impugned judgment of conviction and order of sentence may be set aside and the accused may be acquitted.