S GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is by the accused challenging the order passed by the pri. Sessions Judge, Mangalore in SC 53/2005 convicting and sentencing the accused for the offence under S. 304, Part II, I. P. C. to undergo rigorous imprisonment for ten years.

(2.) THE accused had been charge sheeted for the offence under S. 302, I. P. C. alleging that on 26-5-2004 around 7. 30 p. m. at Kavu crc Colony at Madnoor Village in Puttur taluk the deceased Namashivaya asked the accused not to take water from the tap. The accused with an intention to kill the deceased having removed the pen knife, stabbed namashivaya on the left side of his chest and also on the left arm and caused bleeding injuries due to which Namashivaya succumbed to the injuries on his way to Puttur Government hospital. Since the accused pleaded not guilty on framing of the charge, the trial was held. During trial the prosecution examined in all twelve witnesses and got marked about seventeen documents and five material objects. After hearing, while boiling down the offence from that of S. 302 to S. 304 Part II, I. P. C. the learned Sessions Judge has sentenced the accused to undergo rigorous imprisonment for ten years. Hence, this appeal.

(3.) HEARD the counsel for the appellant and the Government Pleader.