AJAYA SWAMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal by the accused in S. C. No. 110/2002 on the file of the II Addl. Sessions Judge, Dakshina Kannada, Mangalore, is directed against the judgement of conviction and sentence dated 06. 11. 2003, wherein the appellant-accused has been found guilty of having committed the offence punishable under Section 302 IPC. , and sentenced to undergo imprisonment for life and to pay a fine of rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for six months. The essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows:-

(2.) IT is the case of the prosecution that accused - Ajaya Swamy and Babu, the deceased, PWs. 2, 3, 5 to 9 had come to Mangalore for doing coolie work and they were staying in a semi constructed building called Trinity building. They were going for coolie work to different places. Babu was working as bar bender. Accused was working as a coolie in the construction work. Accused was keeping his utensils in the premises in the occupation of PW2, but, he was sleeping in the first floor of the semi-constructed building. There was electrical connection to the said building and there was sufficient light provided by Tube lights in the corridor also. Ajay Swamy and Babu had good relation. However, enmity developed between them and they started quarrelling with each other. On the date of the incident i. e. , 27. 07. 2002, PW. 2 and others heard the noise of quarrel between the accused and Babu, the deceased. They went near the place where the quarrel was going on. Accused and Babu were abusing each other regarding money. PW. 2 and others separated them and pacified them. Thereafter, about 15 to 20 minutes later, again, accused and babu started quarrelling and PW. 2 and others came to the spot and p. S. I. , also came to the spot and separated accused and Babu and advised accused and Babu not to quarrel and informed PW. 2 to telephone to the Police, if they quarrelled again. However, 15 to 20 minutes later, again PW2 and others heard noise of quarrel between the accused and Babu and they went near the place where the accused and Babu were quarrelling. Accused took out a knife which he had brought and stabbed Babu on his chest and Babu fell down. PW1 was on night rounds along with PW15 and they were going in the jeep bearing No. CAG 509 and they received information at about 11:55 p. m. on 27. 07. 2002 from the control room from PW18 and immediately, they went to the spot and found that one person had fallen down with bleeding injuries in the cellar portion of the semiconstructed building. He made enquiry as to what had happened. PW2-Sangappa informed PW1 about the incident and the fact that the accused had stabbed Babu and as a result, Babu sustained injury on his chest and had fallen down. Immediately, Babu was taken in the Police Jeep to the District Hospital at Mangalore and was admitted to the Hospital. PW1 went to the Police Station and lodged the report as per Ex. P1. PW19, who was working as A. S. I. , received ex. P1 filed by PW1 and registered the same in Crime No. 182/2002 and prepared F. I. R. , and sent the same to the Court and to his superior officers. The injured-Babu succumbed to the injuries caused by stabbing by the accused and died on 28. 07. 2002 at 1. 10 a. m. On 28. 07. 2002, accused was produced before PW19. The shirt which accused was wearing was stained with blood and the said shirt -M. O. No. 10 was seized under mahazar - Ex. P15. Further investigation of the case was taken over by PW20, who went to wenlock Hospital and conducted inquest over the dead body and found two stab injuries on the body of Babu and prepared inquest mahazar as per Ex. P3. He seized the clothes worn by the deceased babu under Ex. P4. On the basis of the voluntary statement given by the accused before PW22 as per Ex. P27, accused led Police and pw4 and showed the place where he had concealed the knife (choori)-M. O. No. 1 and the same was seized under the mahazar-Ex. P5. After completing the investigation, charge-sheet was filed against the accused of having committed the offence punishable under section 302 IPC. The accused pleaded not guilty and claimed to be tried. The prosecution examined PWs. 1 to 22 and got marked Exs. P1 to P30. On behalf of the accused, Ex. D1 was got marked in the evidence of PW3. Statement of the accused under Section 313 cr. P. C. , was recorded. The defence of the accused is one of denial. The accused did not lead any defence evidence. The trial Court after considering the contentions of the learned Public Prosecutor and the learned counsel appearing for the accused and appreciating the oral and documentary evidence adduced by the prosecution by its judgement dated 06. 11. 2003, held that the prosecution has proved beyond reasonable doubt that Babu suffered homicidal death and the prosecution has proved that it was accused who caused murder of babu and thereby committed the offence punishable under Section 302 IPC. , and after hearing the learned counsel appearing for the accused and the accused, sentenced the accused to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default, to undergo simple imprisonment for six months for the offence punishable under Section 302 IPC. Being aggrieved by the said judgment of conviction and sentence, the accused is before this Court in this appeal. The appeal was presented by the accused through the Jail superintendent. Sri Mallikarjun S. Masali, learned counsel was appointed as Amicus Curiae to present the case of the appellant.

(3.) WE have heard the learned counsel appearing for the appellant and the learned State Public Prosecutor. Having regard to the contentions urged, the points that arise for our consideration in this appeal are: