STATE OF KARNATAKA Vs. R.H. KESHAVA

JUDGEMENT

(1.) THIS appeal is preferred by the State against the judgment and order dated 20.01.2009 passed by the Principal Sessions Court, Bangalore Rural, Bangalore. By the said judgment the trial Court acquitted accused Nos. 1, 2 and 3 for the offences under Section 302 r/w Section 34 of I.P.C. However, Accused No. 1 is convicted for the offences under Section 304 -II IPC and sentenced to undergo imprisonment for five years and to pay a fine of Rs. 2,00,000/ -. Since the accused No. 1 has already served sentence and paid fine he is released from custody. Convicted accused No. 1 has not filed the appeal questioning his conviction and sentence.

(2.) THE case of the prosecution in brief is that, there was a rivalry/dispute between the family of the accused and family of the deceased with regard to boundaries of certain agricultural land; it is alleged that the accused have encroached upon the land of the deceased to an extent of 2 feet and in that regard, dispute has arisen between the families. Both the deceased namely, Gopala Reddy and Somashekara Reddy are brothers inter se. So also P.Ws. 1, 2 and 3 are brothers of the deceased. Accused No. 1 is son of the accused No. 2. Accused No. 3 is brother of accused No. 2 and uncle of accused No. 1.

(3.) P .W. 1 C Muniraju is the younger brother of the deceased. He lodged the complaint at 10.00 a.m. on 25.05.2004 before P.W. 26 who registered the complaint. He is also the witness for the scene of offence mahazar EX. P2. He is stated to be the eye witness to the incident in question. P.W. 2 Ravindraiah is another brother of the deceased. He is also stated to be the eye witness to the incident in question. P.W. 3 Munireddy is one more brother of both the deceased and he was also stated to be present alongwith P.Ws. 1 and 2 near the scene of offence at the time of incident and thus he is stated to be the eye witness.