SABANNA Vs. THE STATE

JUDGEMENT

(1.) PRESENT appeal filed under Section 374 of Cr.P.C. is directed against the judgment of conviction and sentence passed on 12.9.2012 in Sessions Case No. 2/2012 which was pending on the file of the Court of the Sessions Judge, Yadgir.

(2.) THE appellant had been charged for the offence punishable under Section 302 of IPC on the ground that he murdered a person by name Mallappa, husband of the complainant at about 7.00 p.m. in the house of one lady Smt. Basalingamma wife of Late Thayappa at Kanekal village of Yadgir. It is alleged that the lady by name Basalingamma wife of Thayappa had illicit relationship with deceased Mallappa and this was not to the liking of the accused, who is the maternal cousin brother of PW -13 Smt. Basalingamma w/o Thayappa. It is alleged that he was upset with the news of the illicit relationship of Basalingamma with Mallappa and therefore he came to the house of the Basalingamma on 24.09.2011 and assaulted Mallappa with the wooden handle of an axe and caused severe injuries and dragged him out of the house and threw him near the house of Ameena. It is further alleged that later on he threw a big stone on the chest of Mallappa and caused his death. The accused is in judicial custody since 25.9.2011. The accused had pleaded not guilty and claimed to be tried as regards the charges levelled against him by the Sessions Court.

(3.) ADMITTEDLY , learned Sessions Judge has convicted the accused for the offence punishable under Section 304 Part -I of IPC and has sentenced to undergo rigorous imprisonment for a period of 10 years and shall pay a fine of Rs. 2,000/ - vide considered judgment of conviction and sentence dated 12.9.2012. It is this judgment which is called in question on various grounds as set out in the appeal memo.