PARASHURAM BHARMANNA CHOUGALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The State has filed this appeal questioning the legality and correctness of the judgment and order of acquittal passed by the 1st Additional Sessions judge, Belgaum acquitting accused- respondent of the charge of offence of murder levelled against him.

(2.) One Jeevappa Chougule of Hattargunji village in Khanapur Taluk, Belgaum district, is the deceased. PW.-1 Laxmibai is his Wife. The marriage between them took place some 10 years prior to the incident which took place on 7-12-1964, which was a Monday. The accused-Parashuram who has also been referred as Parsha is no other than the younger brother of the deceased. Both deceased and accused lived together cultivating a small piece of land as its tenants. Round about the time of the incident they were carrying on sowing operations in the land. Pea-nut seeds being short, the deceased gave Rs. 2/-to the accused to purchase the same, but the accused who went away with the money did not return back to the house. After days work, the deceased came back to the house. Being exhausted he lied down in the bed by the side of his child. His wife PW. 1-Laxmibai was sitting by the other side of the deceased feeding breast milk to her other child. A Chimney lamp was kept burning. At about 9 P. M. , the accused suddenly entered inside the house with a sickle in his hand and gave two blows one after the other and immediately went away running with the sickle in his hand. PW. 1 saw him so coming and going away running after assaulting the deceased. As the deceased cried out saying his brother has assaulted him, she went out crying saying that the accused having assaulted the deceased with the sickle, had gone away running. Hearing her cries when PW. 2-Mathru gurav and PW. 3-Manjula Gurav came out of their house and questioned her as to what was the matter, she told them the same. When they advised her to go to the house of the police patil, she proceeded ahead. On the way she met kallappa Gurav, Mathru and PW. 4-Ganapati agnoji. She told them also the same. She informed about what had happened to the police patil. They went to the house of the deceased and found the deceased was lying injured. One mallappa (CW-11) bandaged the injuries sustained by the deceased. When questioned, the deceased told before them that his brother-accused Parashuram, had assaulted him with the sickle and had ran away The police patil prepared a report regarding the occurrence which is marked as Exhibit P-1 and taking the deceased in a bullock-cart went to the police station at Khanapur. He gave the report to the PSI, Khanapur, who immediately referred the injured to the hospital and registered a case in crime No. 55/64 and issued FIR to the court, it was about 4-30 A. M. At about 5 A. M. when the deceased was produced before the Medical Officer, Khanapur, pw. 15-Dr. Ramprasad who was then serving as a Medical Officer, Khanapur, found although the deceased was conscious, the whole of the body except some portions of the palm, had become cold. The deceased was struggling for breath and the condition was serious. He gave first aid treatment by giving 500 C. C. Glucose drip to combat shock. He also gave coramin injection to pump up the heart and he sent for the Tahsil-dar, Khanapur with a requisition to record the dying declaration of the deceased. At about 5-15 A. M. , on 8-12-1964, p. W. 14-Ramachandra the Acting tahsildar went to hospital and after ascertaining from the medical Officer about the mental state of the deceased, and himself satisfying that the deceased was conscious and able to make the statement, he questioned him and recorded his statement as per Exhibit P-11. When he was questioning last as to why he had been so assaulted, the deceased became unconscious and he obtained the thumb impression of the deceased. At about 6-45 A. M. when the deceased died in the same unconscious state of mind, the dead body was removed to the mortuary. The PSI, Nadaf (since deceased) took up further investigation. He went to the village and instructed his subordinates to trace out the accused. He prepared the panchanam of the scene of offence. He went to the hospital and held inquest proceedings over the dead body of the deceased and made over the dead body of the deceased to the Medical' Officer for post mortem examination.

(3.) Pw. 15-Dr. Ramaprasad conducted post mortem examination over the dead body of the deceased and found that the deceased had sustained the following 2 external injuries: 1. There was a liner incised wound situated on the right side of the front of the chest starting from sternum downwards and laterally 5" x 3" and through and through cutting 6th rib as well as stomach, liver, and lower portion of the right lung. Contents of the stomach were poured out little. 2. A transverse line incised wound situated on the. middle 1/3rd of the anterior portion of the right arm which was about 4 x 1/4 inch x 24 through and through cutting the banian and underlying muscles and structure. Wound was bleeding.