H K SATHISHA Vs. STATE KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment and order of the Trial Court dated 20-4-2002, whereby and where under he has been convicted for the offences punishable under Sections 302 and 307 of IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.5,000/-for the offence under Section 302 of IPC and also sentenced to undergo rigorous imprisonment for seven (7) years and pay a fine of Rs.3,000/- for the offence under Section 307 of IPC. The appellant has however been acquitted of the offence punishable under Sections 3 and 25 of the Arms Act.

(2.) The prosecution charge against the accused was that on 10-4-1998 at about 1.00 p.m. in the afternoon in front of the house of Krishne Gowda PW.2 at Avathi Hosahalli Village, Chikmagalur Taluk the appellant-accused attempted to commit the murder of his father Krishne Gowda-PW.2 by firing shots at him with DBBL Gun with such intention and knowledge and under such circumstances that by that act if the appellant-accused had caused the death of Krishne Gowda-PW.2, he would have been guilty of murder and further he committed the murder of his younger brother Surendra by firing at him with DBBL Gun as a result of which Surendra got injured and subsequently died on 17-4-1998 at about 9.15 p.m. at St. John's Hospital, Bangalore, and dig the appellant-accused who had the license to posses the Gun had used it for illegal purposes and that thereby he has committed the offences punishable under Section 302 and 307 of IPC and Sections 3 and 25 of the Arms Act.

(3.) The appellant-accused had make bail applications before the Trial Court and they were dismissed on 30-11-1998, 2-11-1999 and 28-11-2000 and also on 7-6-2001. Thereafter, the appellant had preferred bail petitions before this Court and they were also dismissed on 5-2-1999, 26-3-1999, 19-7-1999, 29-2-2000, 19-2-2001 and 25-7-2001. It appears in Crl.P.No.3994/2000 this Court had directed that Sessions Case may be disposed of expeditiously and at any rate not later than six months from the date of receipt of the order by the Trial Court. The Trial Court received the above said order of this Court on 4-4-2001. Subsequently, in Crl.P.2044/2001, this Court had passed an order that if the trial has not concluded within eight months from the date of that order, namely 25-7-2001, for no fault of his, he is entitled to move the Court for bail. The copy of that order was received by the Trial Court on 25-9-2001. Even before the receipt of the copy of the said order, it is stated that the accused had made a submission before the Trial Court on 13-8-2001 that this Court had granted eight months time to dispose of the matter and that he even made a submission that he had made arrangements to file bail petitions before the Honble Supreme Court. Hence, it is stated that a letter was addressed to this Court on 19-9-2001 bringing to the notice of this Court, the above said aspects and seeking extension of time to dispose of the case. Accordingly this Court had extended time to dispose of the matter up to 30-4-2002 vide further orders made in Crl.P.No.3994/2000 on 1-10-2001.