JADEPPA SIDDAPPA DHAVALESHWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) (Prayer: This Criminal Appeal Is Filed Under Section 374(2) Of Cr. P.C. Seeking To Set Aside The Order Of Conviction And Sentence Passed In S.C. No. 39/2010 By Convicting The Appellant For The Offences Punishable Under Sectiofn 302 And 341 Of Ipc, By Its Order Dated 21.07.2011 & Etc.) 1. The judgment and order of conviction of passed by the Fast Track Court and Addl. Sessions Judge, Hukkeri sitting at Gokak in S.C. No. 39/10, is called in question by the convicted accused no.1. The accused no.1/appellant herein is tried and convicted for the offences punishable under Section 302 and 341 of IPC.

(2.) The case of the prosecution in brief is that about one year prior to the incident in question, there was Hanamant Devara Jatra in the village Mannapur; the accused and the deceased are from the same village; the deceased was taking active part in the village activities; on the date of jatra also the deceased took active role in arranging the festival in the village; accused no.1 however on certain matters started quarrelling with Mr.Ramappa (P.W.8) and he even assaulted Ramappa with chappal; in that regard a complaint came to be lodged by Ramappa on the advise of the elders of the village against accused no.1; the deceased had accompanied Ramappa at the time of lodging the complaint; in that regard A1 was grinding axe against the deceased in as much as he was of the opinion that he was the brain behind lodging the complaint against him by Ramappa. In addition to the same the uncle and aunt of the deceased were members of Grama Panchayath one after another; during the relevant point of time the aunt of the deceased was the Gram Panchayath member, though his uncle and aunt were gram panchayath members, the deceased was helping them in all the panchayath activities in as much as the uncle and aunt of the deceased were illiterates. Since the deceased was taking active role in the village panchayath affairs also (though he was not a member of the gram panchayath), accused no.1 and his family members were against the deceased. On 24.09.2009 at 10.00 A.M., the deceased Mallappa and his brother Halappa (P.W.1) went to their agricultural land on the bicycle for getting the pumpset repaired; while coming from the agricultural land P.W.1 met P.W.2 Basappa and they started talking with each other and they were coming behind the cycle which was ridden by the deceased; the deceased went a little ahead and when he came near the house of P.W.3, accused no.1 came from opposite direction with the axe in his hand and assaulted the deceased on the neck as well as on his back, consequent upon which the deceased died on the spot. It is further case of the prosecution that accused no.2 and accused no.3 were also present on the spot at the relevant point of time. Immediately thereafter accused no.1 parted the company of accused no.2 and accused no.3, and went away from the scene of offence hurriedly with the axe in his hand. P.W.1 and 2 who were coming at that time, saw accused no.1 rushing from the spot with the blood stained axe in his hand; P.W.1 and 2 after going to the spot found dead body of the deceased. Immediately thereafter complaint came to be lodged by P.W.1 at about 1.00 p.m. as per Ex.P.1 before the Sub Inspector of Police (PW17) of Kulgod Police Station who registered the crime no.153/09 based on the said complaint. P.W.18 the I.O. completed the investigation and laid the charge sheet.

(3.) In order to prove its case the prosecution in all examined 18 witnesses and got marked 32 exhibits and 13 material objects. The Trial Court on evaluation of the material on record rightly acquitted accused nos.2 and 3 in as much as no case was made out against them. However, the trial Court convicted the A1 for the offences punishable u/S 302 and 341 of IPC and sentenced him accordingly.