T N LAKSHMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12/29-6-1995 in S. C. No. 43 of 1991 on the file of the II additional Sessions Judge, convicting the appellant for an offence punishable under Section 302, IPC, for the murder of gayathramma and also to pay a fine of Rs. 1,000/- in default to undergo R. I. for 3 months and further convicted for an offence under Section 302, IPC for committing the murder of Bhaskar and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1,oooa in default to undergo R. I. for 3 months.

(2.) HEARD Sri R. B. Deshpande for the appellant and learned additional S. P. P. for the State.

(3.) THE learned Counsel for the appellant has vehemently argued that the conviction and sentence passed by the learned sessions Judge is contrary to law, evidence on record and probabilities of the case. The prosecution has miserably failed to establish the guilt against the appellant by cogent and convincing evidence, suppressed the material evidence and put forth false case against the appellant. He also submitted that if the evidence is considered in its proper perspective, the appellant is entitled for acquittal as he has not committed any offence. It is also urged that the benefit of Section 84, IPC could have been extended to the appellant on the ground of unsoundness of mind and insanity. The learned Sessions Judge has not considered that the appellant is a psychiatric patient and he was treated in Bangalore and other places resulting in miscarriage of justice. He also submitted that the learned sessions Judge should have directed the prosecution to produce the medical records of the appellant in order to facilitate him to come to a correct conclusion in the interest of justice. He also submitted that the alleged voluntary statement made by the appellant cannot be relied upon and the learned Court below ought to have rejected it in toto.