PUTTANNA Vs. STATE BY ASHOKAPURAM POLICE STATION

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order on sentence dated 07. 02. 2011, passed by the II Addl. District & Sessions Judge, at Mysuru, (hence forth for brevity referred to as the 'Sessions Court') in S. C. No. 229 of 2009, convicting him for an offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of two years, the appellant has filed this appeal.

(2.) In his memorandum of appeal, the appellant has taken the contention that the Court below has not appreciated the evidence of the prosecution witnesses in their proper perspective and that it did not notice that, had the appellant any intention to commit the murder of the deceased, he would have tried to escape from the scene of offence. This shows that he was innocent and also was shocked like any other who were present in the place of occurrence. The inconsistency in the evidence of the prosecution witnesses were not appreciated by the Court below. It also ignored the fact that the injuries caused to the injured was not sufficient to cause her death. Stating that all these aspects have resulted in the Sessions Court passing an erroneous judgment of conviction, the appellant has prayed for setting aside the judgment of conviction and order on sentence impugned in this appeal.

(3.) The respondent is being represented by learned Addl. State Public Prosecutor.