STATE OF MYSORE Vs. HANMANTH NAGAPPA GAVADA

JUDGEMENT

(1.) RESPONDENT Hanamant Nagappa Gavada of Hattarwad was put on his trial for an offence punishable under S. 302 of the Indian Penal Code before the Second Additional Sessions Judge, Belgaum. The charge against the respondent was that on the 2nd day of February 1963 at about 4 p.m. he assaulted one Appayya Kallappa Gavada of Hattarwad with the sickle (M.O. 2) and inflicted a number of injuries to him which resulted in his death and was, therefore, liable to answer the charge under S. 302 of the Indian Penal Code. After trial the learned Judge held that the respondent was guilty of an offence of culpable homicide not amounting to murder punishable under S. 304 of the Indian Penal Code. The learned Judge, who accepted the entire evidence of the prosecution, acquitted the respondent of he charge under S. 302 of the Indian Penal Code but convicted him under S. 304 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years. The State being aggrieved by the acquittal of the respondent under S. 302 of the Indian Penal Code had preferred this appeal.

(2.) THE facts of the case are as under : Hanamant Nagappa Gavada and deceased Appayya Kallappa Gavada are cousins. They were living in different portions of the same house in Hattarwad. Some months prior to the date of the incident, the wife of the respondent was haunted with evil spirits. The respondent suspected that Ayyappa Kallappa Gavada was responsible for the same and on that account they were not on talking terms. On 2 -2 -1963 in the early hours of the morning the paddy stack of the respondent heaped in his threshing floor was burnt. The respondent suspected that Ayyappa Kallappa Gavada set fire to the paddy stack and was responsible for the damage caused to his paddy stack. The respondent was able to save part of the paddy stack with the help of villagers from fire.

(3.) P .W. 3 Dr. Shantappa, who conducted the post mortem examination over the dead body of Ayyappa Kallappa Gavada on 3rd February 1963 observed as many as 39 injuries on his person and they are as follows: