G H MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as "accused") was tried and convicted for offences punishable under Sections 302 and 506 IPC. Therefore, he is before this Court.

(2.) WE have heard Sri. Dineshkumar K. Rao, learned counsel for accused (appointed by High Court Legal Services Committee) and Sri. Vijayakumar Majage, learned Government Pleader for the State.

(3.) THE accused namely G.H.Manjunatha and deceased namely Shankarappa, as also PW.1 to PW.5 are natives of Ganjigere Village, Nuggehalli Hobli, Chennarayapattana Taluk. The accused was having certain extent of coconut garden in a land bearing Sy.No.49/2A. The deceased was having certain extent of coconut garden in a land bearing Sy.No.49/2A. The accused alleged that deceased had encroached a part of coconut garden belonging to accused. The accused had also filed criminal complaint without any success. On 01.11.2008 at 11.30 a.m., when deceased was working in his coconut garden, accused came to the place, he was armed with a knife and he had also possessed Chilli Powder. When deceased refused to leave that place, accused threw Chilli Powder and repeatedly stabbed with a knife causing death of deceased on the spot. When PW.1 -Devaraja G.S. tried to interfere, he chased PW.1. After arrival of other witnesses, accused left that place. The first information of incident was lodged by PW.1 -Devaraja G.S.