SHIVAMURTHY Vs. STATE BY MAYAKONDA POLICE DAVANAGERE

JUDGEMENT

(1.) This appeal by accused No.1 is directed against the Judgment of conviction and the order of sentence dated 12-1-2012 in Sessions Case No.88 of 2008 on the file of the Principal District and Sessions Judge at Davangere.

(2.) By the impugned Judgment, the Court below has convicted the appellant/accused No.1 for the offence punishable under Section 302 of IPC and has sentenced him to undergo imprisonment for life and to pay a fine of Rs.3,000/-. The other accused Nos.2 to 11 tried along with the appellant have been acquitted of the offences punishable under Sections 143, 148, 504, 324 and 506(ii) read with Section 149 of IPC.

(3.) The case of the prosecution is that one Kuberappa (deceased) was working as a labourer under P.W.8 Mestri Ramappa. On the date of the incident, i.e., on 21-12-2007, he along with other workers were attending the construction of revetment of a channel at Dyamenahalli village. In the afternoon there was an altercation between P.W.8 and the workers of the other group headed by Mestri Channesh. In this connection, in the evening while the men of P.W.8 including the deceased Kuberappa were returning home in a tractor, the men of Mestri Channesh namely, the accused Nos. 1 to 11 stopped the tractor of the deceased and questioned them about the altercation that took place in the afternoon. At that time, one of the accused assaulted P.W.8. The deceased Kuberappa intervened to protect P.W.8. At that time, the deceased was assaulted with a spade on his head, as a result he sustained bleeding injury. He was taken in a vehicle to a hospital at Davangere. From there he was taken to Nanjappa Hospital, Shivamogga where he succumbed to the injury on 24-12-2007 at 7.00 p.m.