LAKANNA Vs. STATE OF KARNATAKA, BY CHIKKANAYAKANAHALLI POLICE

JUDGEMENT

(1.) The judgment dated 18.01.2014 in S.C.No.10002/2013 on the file of V Addl. District and Sessions Judge, Tiptur, has given rise to this appeal by the accused. The prosecution case is as follows:

(2.) On 14.02013 at about 6.30 p.m. PW-1 Mariyanna and Krishnaiah were returning to their houses. PW-1 was in the front and Krishnaiah was little bit behind him, actually he was tending back his goats that he had taken for grazing. As they came near the house of the accused, they heard accused saying after seeing them that he would chop off them with sickle and assault with chappal. When they asked the accused as to why he was speaking like that, the latter gave a challenge to them to dare to enter his house. Then Krishnaiah entered the house of the accused; and PW-1 also followed him. Suddenly the accused took a macchu and gave a blow on the right side chest portion of Krishnaiah. By the time PW- 1 came to know as to what was happening, Krishnaiah had fallen down sustaining bleeding injury. PW-1 brought out Krishnaiah in his arms from inside the house of the accused and laid him down. All the villagers gathered and when he was being taken to the hospital in an ambulance, he breathed his last on the way. With regard to this incident, PW-1 made a report to the police as per Ex.P.1 on 14.02013 at 20.55 hours. The police held investigation and filed charge sheet against the accused.

(3.) The prosecution examined 9 witnesses, PWs-1 to 9, got marked 8 documents as per Exs.P.1 to 8, and 8 material objects as per M.O.1 to 8. One more witness, the Inspector of Police i.e, the investigating officer was examined as CW-1 and through him, 3 documents as per Exs.C-1 to Ex.C-3 were marked. After evaluating the evidence, the trial court came to conclusion that the prosecution was able to prove its case beyond reasonable doubt and held the accused guilty of offence under Section 302 IPC, and convicted him to undergo life imprisonment and pay fine of Rs. 5,000/-; and undergo imprisonment for one month in case of default to pay fine. The accused has challenged this judgment of the trial court.