M R SOMASHEKARA @ PUTTANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 11/14.2.2011 passed by the Additional Sessions Court, Hassan, in SC.No.194/2006, is called in question in this appeal.

(2.) Case of the prosecution in brief is that the deceased Narayana was a petty businessman as well as a Gram Panchayat member; he was doing the sand mining also; he used to hire tractor of accused No.2 for transporting the sand from one place to another place; however of late, the deceased Narayana had stopped hiring the tractor of accused No.2, consequent upon which accused No.2 had grouse against the deceased Narayana; at about 6.00 p.m. on 14.9.2006, the deceased Narayana received a telephone call from accused No.2-Somashekhara saying that the deceased should come and meet him at Balupete; on receipt of the said telephone call, the deceased took his jeep bearing Regn.No.MEC.8380 to go to Balupete to meet accused No.2; PW.2-Sudeepa (son of deceased), PW.3- Paramesha and PW.5-Lokesha (nephews of the deceased) also boarded the jeep in order to have panipuri (chats) at Balupete; PWs.2, 3 and 5 were aged between 12 and 14 years during the relevant point of time; the deceased met both the accused on the way to Balupete; both the accused as well as the deceased travelled for about two hours and ultimately, all of them including PWs.2, 3 and 5 started back to their native place, i.e., Muthige Village of Alur Taluk, Hassan District; on the way back to home, accused No.2 started quarrelling with the deceased Narayana as to why he stopped hiring his tractor for transporting the sand and in that regard, deceased told accused No.2 that hire charges fixed by him are on the higher side and therefore he has stopped to hire his tractor; when the altercations were going on in that regard, accused No.1 told accused No.2 that the deceased is not heeding to their request and therefore he should be finished; accused No.1 who was driving the jeep stopped the jeep near the garden land of Honkaravalli Neelakantappa; both the accused dragged the deceased out of the jeep, accused No.2 held him tightly and accused No.1 took out the button knife- MO.No.6 and stabbed the deceased mercilessly, consequent upon which the deceased sustained six injuries, out of them three are incised wounds; the three children (PWs.2, 3 and 5) having feared, started crying in the jeep itself and they prayed both the accused to save the life of the deceased; thereafter, both the accused took the injured Narayana in the jeep and went to Government Hospital, Sakaleshpura, wherein the Hospital authorities told that the deceased was brought dead. PW.2-Sudeepa called his mother (complainant- PW.1) from a public telephone situated in the premises of Government Hospital, Sakaleshpura and intimated about the incident in question; immediately thereafter, the complainant (PW.1), brother of the deceased (PW.8) and PW.20 came to the Hospital.

(3.) In order to prove its case, the prosecution in all examined 22 witnesses and got marked 16 Exhibits and 9 Material Objections. On behalf of the defence, 3 Exhibits were got marked. However, oral evidence on behalf of the defence was not let in. The Trial Court on evaluation of the material on record, convicted both the accused for the offences with which they were charged.