(1.) THIS appeal by the appellant/accused No.2 (hereinafter referred as accused no.2) is against the judgment of conviction and sentence dated 11.12.2009 in S.C.No.103/2008 passed by the Principal Sessions Judge, Shimoga, whereby he has been convicted for offences punishable under Sections 504, 109 r/w Section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.15,000/ -, in default to undergo simple imprisonment for three months.
(2.) THE case of the prosecution is that on 12.02.2008, Vishwanath/accused No.1 (hereinafter referred as accused no.1), who is juvenile in conflict with law, at the instigation of the appellant/accused No.2 -Mahabala, his father, assaulted deceased -Ramesha with a club on his head and committed his murder as he had abused the appellant/accused No.2 by touching the chastity of his wife. A complaint came to be lodged by one S.M. Saadu as per Ex.P2, on the strength of which, a crime came to be registered against both accused (son and father) for offences punishable under Sections 509, 109, 302 r/w Section 34 of IPC and upon investigation, charge -sheet came to be filed against both accused for the aforesaid offences. Since accused No.1 -Vishwanath was juvenile in conflict with law, he was produced before the Juvenile Court and the appellant/accused No.2 was tried for aforestated offences.
(3.) IN order to prove the charges levelled against the appellant/accused No.2, as many as 21 witnesses were examined as PW -1 to PW -21, Exs.P -1 to P -22 were marked apart from M.O -1 to M.O -6. The learned Sessions Judge on appreciation of evidence adduced by prosecution, convicted the appellant/accused No.2 for offences punishable under Sections 504, 109, 302 IPC and accused no.2 has been sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000/ - and in default, to undergo simple imprisonment for three months.