CHANNAKESHAVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant (hereinafter referred as 'accused') was tried and convicted for an offence punishable under section 307 IPC. Therefore, he is before this court. I have heard Sri H.C. Hanumaiah, learned counsel for accused and Sri B. Visweswaraiah, learned HCGP for State.

(2.) THE accused was tried for an offence punishable under section 307 IPC on the allegations that on 25.09.2006 at about 10 p.m., in land bearing survey No. 128/2 of Haralekere village, Koppa Hobli, Maddur Taluk, accused assaulted PW2 -Nagaraju with a spade with such intention and knowledge by such act, if he had caused death of PW2, he would have been held guilty of an offence punishable under section 302 IPC. The accused had assaulted PW2 as he did not concede to the demand of accused that he should be given preference in the matter of feeding water to their lands.

(3.) DURING cross -examination, PW2 -Nagaraju has reiterated the version given in examination -in -chief. During cross -examination of PW2, his relationship with other witnesses is elicited, which in my considered opinion has no bearing on the evidence given by PW2 in examination -in -chief. PW2 was again recalled for cross -examination on 18.12.2008.