YELLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) :- This appeal is preferred by the appellant against the judgement dated 30-6-1993 passed by the Principal Sessions Judge, Kolar, in S. C. No. 3 of 1989 convicting the appellant who was accused No. 1 in the trial Court for the offence punishable under S. 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for another two months.

(2.) We have heard the learned counsel for the appellant Shri Hashmath Pasha and the learned Additional State Public Prosecutor Shri A. B. Patil fully and perused the records of the case.

(3.) The case of the prosecution is as follows :P.W. 1, T. S. Bhagyamma, is the wife of deceased Shivachary. The appellant who was accused No. 1 is the husband of accused No. 2 and father of accused No. 3. All the three accused were living in Watchman Lane, Marikuppam, K. G. F. Deceased Shivachary was a Havaldar at Mysore Mines, K. G. F. He was living with the members of his family in the house adjoining to that of the accused. The houses of the deceased and of the accused were separated by a common wall. Both the families were on good terms in the beginning. But, the trouble started when P.W. 1 suspected accused No. 3 of stealing things from her house and informed the same to deceased Shivachary who, in turn, informed, Kuppaswamy, another Lineman. He did not do anything. P.W. 1 asked accused No. 2 to advise her daughter not to steal things from the houses of others. Further, the hens of the accused were straying into the house of the accused P.W. 1 and they were making the house of P.W. 1 unclean and causing nuisance to them. On account of all these, there were quarrels between the accused and the deceased. On 16-9-1988 there was a quarrel between P.W. 1 and accused No. 2 Yellamma over the straying of hens and making the house of P.W. 1 dirty by the hens. Then Kumppaswamy intervened and pacified them. On 17-9-1988, the next day, deceased Shivachary was standing outside the house. He saw accused No. 1 moving in front of his house with a knife abusing P.W. 1 and the deceased in filthy language. P.W. 1 called her husband (the deceased) inside the house and told him to be very careful. The deceased went inside the house and told P.W. 1 not to worry. While P.W. 1 was making the tiffin ready for the deceased, she heard the cries of her children Sathish Babu, Madhu Sudhan and Swarnalakshmi saying "Daddy". Then P.W. 1 came out of the house and saw her husband Shivachary being held on either side by accused Nos. 2 and 3 in front of their house and accused No. 1 stabbing him on the abdomen with a knife. When P.W. 1 came out, accused No. 1 was pulling out the knife from the abdomen of her husband. She wanted to go and hold her husband. But accused Nos. 2 and 3 prevented her. At that time accused No. 1 assaulted deceased Shivachari with knife on his head. The deceased fell down. Thereafter an ambulance was secured and deceased Shivachari who was alive then was shifted to Civil Hospital, K. G. F., from where he was referred to B. G. M. L. Hospital, K. G. F. The deceased gave a statement at 8.00 a.m. on 17-9-1988 at B. G. M. L. Hospital. Subsequently, he was operated. He succumbed to his injuries on 20-9-1988 at about 6.30 a. m. On the basis of the statement of the deceased recorded by the Police, a case came to be registered and the Police started investigation and, after completion of the investigation, Charge Sheet has been filed by the Police against the accused. Though 3 persons were assigned as accused in the case, viz., the appellant herein and his wife Yellamma (accused No. 3) and his daughter Prema (accused No. 2), the trial Court acquitted accused Nos. 2 and 3. There is no appeal preferred by the State challenging the judgement of the trial Court acquitting accused Nos. 2 and 3. The trial Court convicted the appellant (accused No. 1) on the basis of the evidence of P.Ws. 1 and 2 and the dying declaration of the deceased recorded by the Police as per exhibit p. 5.