GOPALA Vs. STATE

JUDGEMENT

(1.) THE appellant (accused) was tried, convicted and sentenced for an offence punishable under Section 302 IPC. Therefore, he is before this court.

(2.) WE have heard Sri. Amar Correa, learned counsel for accused and Sri. Vijaykumar Majage, learned HCGP for the State.

(3.) IT is the case of prosecution that accused and deceased are neighbors and they were residents of Nalinganahalli village, Pavagada Taluk. The accused and deceased had quarreled about flowing of sewage water in a gutter adjoining their houses. There was enmity between them. On 28.01.2009, the accused assaulted Lakshmidevi (since deceased) with a chopper with the intention and knowledge of committing her murder and committed her murder. When P.W.1 -Nagaraju (the younger brother of deceased) went to her rescue, the accused also assaulted him with a chopper with such intention and knowledge by such acts if he had caused death of PW1, he would have been held guilty of an offence punishable under section 302 IPC.