GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant/accused has preferred this appeal against the Judgment of conviction for the offence punishable under Ss. 302, 504, 447 of Indian Penal Code and Sec. 30 of Indian Arms Act, 1959 and Order on Sentence dtd. 30/3/2022 passed in SC No.8003 of 2020 dtd. 30/3/2022 by the XII Additional Principal District and Sessions Judge, Belagavi sitting at Gokak (for brevity, hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties herein are referred to as per the rank before the trial Court.

(3.) Brief facts leading to this appeal are that the circle inspector of Police, Mudalagi Circle, has submitted charge-sheet against the accused for offences punishable under Ss. 447, 504 and 302 of Indian Penal Code and Sec. 25(1)(A) & 30 of Indian Arms Act, 1959. It is alleged that accused and deceased or distant cousins. In respect of land bearing survey number 24/2B/1, there is dispute between them regarding the extent to which they are entitled to. On 30/4/2020, the deceased was ploughing the land in which he was in possession. At that time, accused objected to it stating that his share of land lies in that place to which deceased replied to get the same surveyed and take his land. On 1/5/2020 in the afternoon at about 2:30 PM, the accused suspending a double barrel gun to his shoulder, along with oxen proceeded towards the disputed land through the way in front of the house of deceased in the farm and started ploughing it with MO6-rante. At that time, the deceased and his family members who were engaged in flooring of the cattle-shed in front of their house, saw the accused ploughing the land which was in their possession. The deceased and his son proceeded to enquire with the accused. When they questioned about the same, accused again asserted that his share lies there and again the deceased informed him that he may get the land surveyed and take his share, if there is any. At that time, the accused fired the double barrel gun at the deceased and the deceased collapsed. PW1, PW3, the wife and other family members rushed to the spot which was at a distance of 120 feet from their house. At that time, accused took to his heels. The deceased was taken to the hospital by 4.00 PM where he was declared brought dead. In the Civil Hospital at Gokak, PW15- Sub-Inspector of Police having received the information, came to the hospital by 6.00 PM and then PW1 gave the complaint as per Exhibit P1.