KALLAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.1/appellant, challenging the Judgment of conviction and order of sentence dtd. 20/6/2020 in S.C.No.99 of 2018 on the file of V Additional District and Sessions Judge, Dharwad, sitting at Hubballi, convicting the accused No.1/appellant for the offence punishable under Sec. 302 of Indian Penal Code, 1860.

(2.) It is the case of the prosecution that, accused No.1- Kallayya, Erayya and Ningayya (deceased), are the brothers, having ancestral immoveable properties. Erayya, died leaving behind his two brothers Ningayya and accused No.1- Kallayya. It is further case of the prosecution that, there was a dispute with regard to sharing of the property between the accused No.1 and Ningayya (deceased) and in this connection, accused No.1 claimed 03 acres of land out of 5 acres 21 guntas in land bearing Sy.No.114/2 situate at Sullada Road, Hubballi, and in this regard, deceased- Ningayya advised his brother-accused No.1 for equitable distribution as such, accused have conspired to kill Ningayya to get the land in question. It is also stated by the prosecution that, on 22/3/2018 at about 11.30 a.m., Ningayya was sitting on the podium of his house by watching TV and during that time, his daughter-in-law (complainant) and her minor son were in kitchen for preparing the food and at that time, accused No.1 started quarrelling with his brother-Ningayya and immediately, the daughter-in-law of the deceased-Ningayya came out and noticed that the accused No.1 was holding axe in his hand and as such, during the heated argument with his brother-Ningayya, accused No.1 hit Ningayya, causing deep cut in the neck and thereby, the said Ningayya succumbed to injuries. There afterwards, the accused No.1 left the blood-stained axe in front of the house i.e. near petty shop belongs to the deceased-Ningayya and ran away from the place. The daughter-in-law of Ningayya-P.W.1, lodged complaint with the Station House Officer of Ashoknagar Police Station and accordingly, Crime No.12 of 2018 came to be registered for the offence punishable under Sec. 120(B), 302 read with Sec. 34 of IPC. After completion of the investigation, the charge- sheet was laid for the offence punishable under Sec. 120(B), 302 read with Sec. 34 of IPC.

(3.) In order to prove the guilt of the accused, the prosecution has examined 15 witnesses as P.W.1 to P.W.15 and 46 documents were marked as Ex.P.1 to Ex.P.46. The prosecution has produced 5 articles and the same were marked as M.O.1 to M.O.5. No witnesses were examined for the defence, however, Ex.D.1 to Ex.D.4 were marked on behalf of the defence. The statement of the accused was recorded as contemplated under Sec. 313 of Code of Criminal Procedure. The accused denied all the incriminating circumstances appearing against them and also the case set up by the prosecution. The learned Sessions Judge, on considering both oral and documentary evidence on record, has recorded a finding that, the prosecution has proved the guilt against the accused No.1 and accordingly, convicted accused No.1 for the offence punishable under Sec. 302 of IPC. The Trial Court acquitted accused Nos.2 and 3 for the offences punishable under Sec. 120(B) and 302 of IPC. Being aggrieved by the judgment of conviction and order of sentence dtd. 20/6/2020, accused No.1 has preferred this appeal.