M CHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is an appeal filed by the accused under Section 372 of Cr.P.C., challenging the Judgment dated 29.6.2011 made in S.C.No.225/2010 on the file of IV Addl. Sessions Judge, at Mysore, convicting the accused for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay fine of Rs.5,000/ -, in default in payment of fine, to undergo S.I for three months.

(2.) BRIEF facts of the case leading to the filing of the appeal may be stated as under:

(3.) SRI .Dineshkumar K.Rao, learned amicus curiae for the appellant/accused submits that there is a contradiction in the dying declaration (Ex.P.13) recorded by P.W.20/Ananthakrishnamurthy and the dying declaration recorded by P.W.12 (Ex.P.11) and apart from that there is inordinate delay in lodging the complaint. He further submits that the prosecution failed to prove that the accused was the husband of the deceased Sakamma and P.W.2/Pooja is not the eye -witness to the incident, but the Trial Court failed to appreciate the evidence on record properly and erred in convicting the accused for the offence under Section 302 of IPC.