SHANKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment of conviction dtd. 29/7/2019 and order of sentence dtd. 31/7/2019 passed in S.C.No.71/2016 by the II Addl. District and Sessions Judge, Haveri, Sitting at Ranebennur (hereinafter referred to as 'the learned Sessions Judge' for short) whereby the learned Sessions Judge convicted the accused for the offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short ' IPC ') and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo rigorous imprisonment for a period of 5 years.

(2.) Briefly stated, the facts of the case are as follows: The deceased-Hanumantappa Sannamariyappa Sali was the father of accused. The accused was a vagabond and therefore, the deceased used to advice him to get into a job. As such, the accused developed hatred towards the deceased. On 17/4/2016 at about 05:45 p.m., when the deceased was in his house, the accused picked up a quarrel with him and all of a sudden assaulted the deceased on his neck with a sickle and fled away from the spot. Immediately, PWs.6 to 8 shifted the injured to Byadagi Government Hospital. After first aid, he was shifted to CG Hospital Davangere for higher treatment. However, the Doctor in the said Hospital advised them to shift the injured to City Central Hospital, Davangere. On the following day i.e., 18/4/2016 when they were on the way to City Central Hospital, Davanagere, the deceased succumbed to the injuries. Hence, PW.2 i.e., the son of deceased lodged a complaint before Byadagi Police Station against the accused on 18/4/2016 at about 11:00 a.m. as per Ex.P6. On the strength of Ex.P6, PW.17-the then PSI of the respondent-Police registered FIR against accused for the offence punishable under Sec. 302 of IPC in Crime No.93/2016 as per Ex.P17.

(3.) Subsequent thereto, the Investigation Officer- PW.19 conducted investigation by drawing spot mahazar, inquest panchanama and arrested the accused on 18/4/2016 and effected the seizer of M.Os.1 to 5 under panchnama- Ex.P10. After recording the statement of material witnesses, on obtaining documents from the concerned authorities, he laid charge sheet against accused for the offence punishable under Sec. 302 of IPC before the committal Court.