STATE OF KARNATAKA Vs. SURESH

JUDGEMENT

(1.) Criminal Appeal No.684/2013 has been preferred by the appellant-State and Criminal Appeal No.42/2013 has been preferred by the appellant-accused being aggrieved by the judgment and order of conviction and the sentence passed by the Fast Track Court, Hunsur, Mysore District in S.C.No.11/2012 dated 26.11.2012.

(2.) Brief facts of the case as per the complaint (Ex.P1) are that the elder brother of the deceased filed the complaint alleging that the deceased Jamrad Khan @ Babu went to Abbur village on 25.08.2011 to recover the hand loan from the accused and when they were standing near the circle, the accused came from field by holding the cutting instrument of mulberry plants. When the deceased asked the accused to return the loan amount which he had taken, being insulted, the accused took the said weapon and assaulted the deceased and thereby committed his murder. On the basis of the said complaint, the case was registered in Cr. No.219/2011 for the offence punishable under Section 302 of IPC. Thereafter, after investigation, charge sheet was filed as against accused for the said offence. The committal Court took the cognizance and as the case was triable by the Court of Sessions, it was committed to Court of Sessions. The Court of Sessions took the cognizance of the case and secured the presence of the accused. After hearing both the parties, charges were framed. The accused pleaded not guilty and he claimed to be tried and as such, the trial was fixed.

(3.) In order to prove its case, the prosecution, in all, has examined the witnesses as per P.Ws.1 to 19 and got marked the documents as per Exs.P.1 to P.20 and material objects as per M.Os.1 to 11. On behalf of the defence, no witness came to be examined. However, during the course of cross examination, the accused got marked two documents as per Exs.D.1 and D.2.