NARAYANASWAMY @ NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by the Fast Track Court -VII, Doddaballapur in S.C.No.209/2010 dated 30.03.2011 is appealed against the convicted -accused. By the impugned judgment, the trial Court has convicted the sole accused/appellant for the offences punishable under Sections 302 of Indian Penal Code and Section 324 of Indian Penal Code and sentenced him accordingly.

(2.) THE case of the prosecution in brief is that the accused is the husband of Obalamma (PW3); said Obalamma is the daughter of deceased Nyathappa; one son and two daughters were born out of the wedlock between the accused and PW3; the differences arose between the accused and PW3 and consequently, PW3 left the company of her husband and started living in the house of her parents (the deceased and PW6); PW2 is the brother of Obalamma (PW3); PW6 is the mother of Obalamma; as aforementioned, deceased is the father of Obalamma. At 7.00 p.m. on 09.03.2010, when PW2 (Obalappa), his mother PW6, his father deceased Nyathappa and his sister Obalamma (PW3) were sitting in front of their house, at that time, accused also was there and he asked PW3 to come along with him to the matrimonial house; PW3 refused to accompany the accused on the ground that the accused is harassing her frequently; at that point of time, the deceased Nyathappa being the father of PW3 intervened and told the accused to bring the village elders to settle the dispute between PW3 and the accused; however, being enraged by the same, the accused removed a knife from his pocket and stabbed on the chest and other parts of the body of the deceased Nyathappa, consequent upon which, Nyathappa succumbed to the injuries on the spot; PW2 -the son of the deceased tried to intervene and he was also assaulted by the accused with the knife, consequent upon which, PW2 sustained simple injuries; thereafter, the accused ran away from the scene holding the knife; though PWs 2 and 4 tried to chase and apprehend the accused, they could not apprehend him and they came back to the spot to get treatment for the injured Obalappa; the complaint as per Ex.P1 came to be lodged by PW2 in Doddaballapur Rural Police Station before PW8 (the PSI) who registered Crime No.68/2010 against the accused for the offences punishable under Sections 302 and 307 of Indian Penal Code and sent the FIR to the jurisdictional Court as per Ex.P6; PW9 -the Inspector of Police completed the investigation and laid the charge sheet.

(3.) IN order to prove its case, the prosecution in all examined 10 witnesses, got marked 10 exhibits and 7 Material Objects. On behalf of the defence, no witness is examined. As aforementioned, the trial Court on evaluation of the material on record convicted the accused for the offences punishable under Sections 302 and 324 of Indian Penal Code.