KRISHNAMURTHY Vs. STATE OF KARNATAKA BY KUNDAPUR POLICE

JUDGEMENT

(1.) This is the appeal preferred by the appellant/ accused being aggrieved by the judgment and order of conviction and sentence dated 20.11.2008 passed by the learned Sessions Judge, Udupi in Sessions Case No.78/2007 wherein the appellant/accused has been convicted for the offence punishable under Section 302 of IPC.

(2.) The brief facts of the case are that PW2 is the complainant of this case, who is a contractor under whom the appellant/accused as well as the deceased were working. In the complaint-Ex.P3, he has stated that he is residing in the address mentioned therein and he is doing a civil contract work. His relative purchased a site nearby Turtle Beach Hosadu Village and he has accepted construction of the compound wall at the same place. He secured coolie workers from Saligrama. Along with him one person by name Vivin Sathyapal Mabin S/o Spany Joseph was also doing coolie work, who use to stay back in the house at the said place. Krishnamurthy of Thirthahalli Taluk was working as watchman in the said place. The said watchman was also staying back in the said house along with Vivin Sathyapal Mabin. Both were preparing the food in the said house. Sometimes they were quarrelling with each other and he use to control them. On 01.09.2007, the coolie workers from Saligrama went back to their places at about 4.00 P.M. and he stayed there upto 6.30 P.M. When the complainant was going back, the accused Krishnamurthy was preparing food and Vivin Sathyapal Mabin was washing the clothes. He informed them that he is leaving. On 009.2007 as it was Sunday, no workers come to the site and the complainant came to the site at about 8.30 P.M., he saw the door of the house was opened and the dead body of Vivin Sathyapal Mabin was lying nearby the door of the hall, it was in supine position. There were injuries on the right side of the chest, left side of the neck and there were bleeding injuries. Krishnamurthy-appellant /accused herein was not present in the house. It appears that the said Krishnamurthy and Vivin Sathyapal Mabin might have quarreled with each other in connection with some matter and Krishnamurthy would have assaulted the deceased Vivin Sathyapal Mabin with deadly weapon and might have committed the murder. Hence, he requested to take legal action against Krishnamurthyaccused. He also mentioned in the complainant that he went to inform the said information to the family members of the deceased. There is little delay in lodging the complaint. On the basis of said complaint, a case came to be registered in Crime No.77/2007 for the offence punishable under Section 302 of IPC.

(3.) The Investigation Officer after completing the investigation filed charge sheet as against the accused person for the offence punishable under Section 302 of IPC.