VEERENDRA POOJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 18.09.2013 passed by the Principal Sessions Judge at Udupi, in S.C. No.35/2012, wherein the accused has been convicted for the offence punishable under Section 302 of IPC.

(2.) Brief facts of the case of prosecution as per the averments made in the complaint at Ex.P.1 are that, P.W.1 Santhosh Kulal, the brother of the deceased Sandeep Kulal, is the complainant. He is residing in the address referred to in the complaint along with his parents, his brother Sandeep Kulal, aged about 29 years, wife Manjula Kulal and one small kid. He is working as a Medical Representative at Mangaluru. The complainant used to come to the house thrice in a week and he is staying in a rented house at Mangaluru. On 23.04.2012 at 8.30 p.m., he was in the house and Sandeep was also in the house and another relative Krishna Moolya and Sundara Naika came to the house. They all went to attend the Madarangi function being taken place in the house of Lalitha Shetty. While going, the brother of the complainant went along with his relative Krishna Moolya on the bike of Krishna Moolya. Then the family members had the meal and slept. In the night, the complainant, woke up for the purpose of answering the first nature's call. He came out of the house and after answering the nature's call, he slept. Even at that time, his brother Sandeep did not come to the house. On 24.04.2012 at about 6.30 a.m., when he woke up, Sandeep did not come back. By that time, Dayananda Naika (P.W.12) who is the driver of the autorickshaw came to the house of complainant and informed him that nearby the Padavu school at the bus stand, some persons have committed the murder of Sandeep Kulal. The complainant went to the spot along with Dayananda Naika. His deceased brother was assaulted on his face and hands with the deadly weapons and there were bleeding injuries on the face. He had also seen that limbs were cut. When enquired with the persons who had gathered at the said place, he came to know that on the previous day night at 1.00 O' Clock, the deceased participated in the Madarangi function arranged in the house of the said Lalitha Shetty. Somebody must have committed the murder of his brother for some reason with deadly weapons and caused his death. Hence, the complainant requested to take proper action on the real culprit in Crime No.44/2012 for the offence punishable under Section 302 of IPC.

(3.) The learned Sessions Judge framed the charges. When the charges were read over and explained, the accused pleaded not guilty and claimed to be tried. Hence, the plea was also recorded and the matter was set down for recording the evidence.