SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused assailing the judgment dated 22.1.2011 passed by the First Additional District and Sessions Judge, Gulbarga in SC.134/2010 for having convicted him for the offence punishable under Section 304 Part-I of IPC.

(2.) The brief factual matrix of the case as per the prosecution is that the deceased was having illicit relationship with Lakshmi, the wife of the accused. 10 to 11 months prior to the alleged incident, deceased had taken the wife of the accused to Bangalore. Thereafter, on 4.1.2010 at about 9.30 a.m. when deceased was coming in front of General Store near Ontikaman, Chitapur accused also came there and assaulted the deceased with stick on his head and other parts of the body thereby caused grievous injuries. Immediately thereafter, the injured was taken to the hospital, wherein he was declared dead. In that light, a complaint came to be filed against the accused. After the complaint, a case was registered and after completion of investigation, charge sheet came to be filed against the accused. The Committal Court after following the procedure committed the case to the Court of Sessions. The Sessions Court took the cognizance and secured the presence of the accused. After hearing the accused and his counsel, charge came to be framed. Accused denied the charge and he claimed to be tried. As such, the trial was fixed.

(3.) In order to prove its case, the prosecution in all has examined 21 witnesses and got marked Exs.P1 to P21 and MO.Nos.1 to 9. After closure of the prosecution evidence, the statement of the accused was recorded under Section 313 of Cr.P.C. by putting incriminating material against him. Accused denied the same. He did not lead any evidence on his behalf. After evaluation of the material on record and after hearing both the parties, the impugned judgment came to be passed convicting the accused for the aforesaid offence.