RUDRESHA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution, in brief, is as follows:-

(2.) The accused pleaded not guilty to the charge framed and claimed to be tried. In order to prove its case, the prosecution examined 17 witnesses, marked 12 documents as at Ex. P. 1 to P. 12 and got marked M. Os. 1 to 7. On appreciation of oral and documentary evidence, by the impugned judgment of conviction and order of sentence, the Trial Court convicted the accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- for the offence punishable under Section 302 of IPC. In default of payment of fine, to undergo imprisonment for a further period of two years. He was sentenced to undergo imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo imprisonment for a further period of one year for the offence punishable under Section 201 of IPC. Both the sentences were ordered to run concurrently. Being aggrieved by the same, the present appeal is preferred.

(3.) Shri. M. Sharass Chandra, learned Advocate appearing for the appellant vehemently contended that the prosecution has not proved the previous enmity between the deceased and the accused and therefore, the motive for commission of the alleged offences has not been established. Secondly he contended that there were no eyewitnesses to the incident and the prosecution case is rested on the circumstantial evidence of P. W. 14, 12 and 15. Hence, there was no cogent evidence adduced by the prosecution to establish the guilt of the accused beyond reasonable doubts. Therefore, the trial Court has failed to appreciate the evidence on record in a proper perspective and misdirected itself in convicting the accused. There is no material evidence to indicate that the accused had committed the offences alleged against him. Hence, he pleads that the appeal be allowed and the accused be acquitted for the offences alleged against him.