SABANNA Vs. THE STATE

JUDGEMENT

(1.) THE appellant, who arraigned as Accused No. 1 in S.C. No. 224/2010 on the file of the IV Additional Sessions Judge at Gulbarga, has called in question the judgment of conviction and sentence passed against him by the learned Sessions Judge for the offence punishable under Section 304 Part -II of IPC, wherein the learned Sessions Judge has sentenced the appellant to undergo Rigorous imprisonment for a period of seven years for the aforesaid offence.

(2.) THE brief factual matrix of the case that emanate from the records are that, the Wadi Police after thorough investigation of the case in connection with Crime No. 7/2010 which was registered for the offences punishable under Sections 147, 148, 302, 201, 452, 506 r/w. Section 149 of IPC and also under Section 3(1)(x), 3(2)(v) & (vi) of SC & ST (PA) Act, 1989 and submitted the charge sheet against the present accused/appellant and also against two accused by name Mallappa and Basavaraj, who were acquitted by the trial Court.

(3.) ACCORDING to the charge sheet averments, it is the case of the prosecution that on 03.01.2010 at about 12.30 in the afternoon at Bachawar Tanda, the appellant has committed murder of his mother Padmavathi when she refused to give Rs. 10/ - for his wise habits, by assaulting her with an axe on her neck and caused severe injury, which is sufficient to cause her death and she succumbed to that injury later. Further prosecution case is that, at the same time, when the Accused No. 1 has committed murder of his mother Padmavathi, Accused Nos. 2 and 3 in order to cause disappearance of the evidence, with an intention to screen this appellant from legal punishment, they have supported Accused No. 1 and thereby they have committed the offence under Section 201 of IPC. It is also the further case of the prosecution that Accused Nos. 2 & 3 have also made attempts along with Accused No. 1 to fabricate the evidence and to create evidence against the prosecution witnesses -CWs. 18 to 20 (PWs. 9 to 11) implicating them in to the crime of murder, knowing well that they are likely to be convicted for the offence of murder of Padmavathi and thereby Accused Nos. 2 and 3 have committed the offence under Section 194 of IPC.