BASAPPA SIDDAPPA HALLI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE present appeal is preferred calling in question the judgment of conviction and sentence passed in S.C. No. 19/2009 by the First Additional Sessions Judge at Bijapur, vide the judgment dated 03.07.2010, wherein the accused/appellant is convicted for the offence punishable under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/ - and in default to undergo simple imprisonment for a period of five months. The Trial Court has also ordered that out of fine amount of Rs. 50,000/ -, Rs. 25,000/ - shall be paid to the complainant as compensation.

(2.) THE brief factual matrix of the case that emanate from the records and also as could be seen from the charge papers are that, the complainant/Somawwa - PW.6 is the wife of one Sharanappa (deceased). They are residents of Bankalagi village. She was given in marriage to the deceased and they were blessed with six children. The accused is none other than the full blood brother of the deceased. It is the case of the prosecution that, partition had taken place between the brothers, seven acres of land given to the accused and remaining five acres of land was allotted to the deceased. Apart from this, it is further case of the prosecution that an extent of 10 acres of land was given by the parents of the complainant and the said land was mutated in the name of the deceased. The accused though had no right, but he had been demanding share in the said land. In this context, it appears the accused often quarreling with the deceased.

(3.) THE prosecution in order to bring home the guilt of the accused, examined as many as 18 witnesses and got marked Exs. P1 to P18 and the material objects -MOs.1 to 17.