VENKATARAMAPPA @ CHINNA VENKATARAMANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence dated 01.07.2008 passed by the Presiding Officer, Fast Track Court I & IV, Kolar in S.C.No.62/2007, the appellant/accused is before this Court in this appeal.

(2.) The accused in the said case was charge sheeted for the offences punishable under sections 302 and 326 of IPC alleging that on 17.12.2006 at about 7.00 p.m. in front of the house of P.W.14- Chinnaramanna in Jonnapalli Village of Srinivasapura Taluk, the accused due to some previous ill-will assaulted his uncle- Papanna with the chopper indiscriminately and caused his death and when P.W.2 Manjulamma, the niece of Papanna intervened, the accused assaulted her also with the same chopper on her right forearm and caused her grievous injury.

(3.) The accused and the victims are related to each other. Deceased Papanna's father Siddappa had two wives, namely, Earamma and Sitamma. First wife Sitamma had two sons by name Peddaramanna and Chinnaramappa. Second wife Earamma had two sons by name Jayaramappa and the victim Papanna. The accused is the son of Peddaramanna. P.W.1 is the wife of Papanna, P.W.2 and P.W.3 are the children of P.W.14- Chinnaramappa. Siddappa owned a house in Jonnapalli village and on his death, the same was partitioned between the sons of his two wives. There was dispute between accused and his step uncle- Papanna with regard to sharing of small portion of the said house.