K S RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The brief facts of the prosecution case are as follows:

(2.) Investigation was taken up. The accused was arrested on the same day. A charge sheet was filed against the accused under Sections 324, 307 and 302 of IPC. In order to prove its case, the prosecution examined twenty-nine witnesses, marked twenty-two exhibits along with eighteen material objects. The defence marked twelve exhibits in support of its case. By the impugned judgment, the accused was convicted for the offence punishable under Section 307, IPC and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs.3,000/-; in default of payment of fine, to further undergo Simple Imprisonment for six months. The accused was also convicted for the offence punishable under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/-; in default of payment of fine, to further undergo Simple Imprisonment for six months. Both sentences were directed to run concurrently. Fine amount was ordered to be paid to PW-4 Yellappa. Aggrieved by the same, the accused has filed this appeal.

(3.) Learned counsel for the appellant contends that the Trial Court has committed an error in misreading the evidence and the material on record. The evidence clearly indicates that the accused had no intention to commit the murder of the deceased. Only because she had left him, he went in search of her. The assault was made without any intention to commit murder, but only to teach her a lesson. Under these circumstances, it cannot be held that the accused is guilty of the offence under Section 302 of IPC. Hence, he prays for an acquittal of the accused of the said offences.