H S MANJUNATHA Vs. STATE OF KARNATAKA BY BALEHONNUR POLICE, CHIKMAGALURU DISTRICT REP BY STATE PUBIC PROSECUTOR

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellant herein being aggrieved by the judgment and order of conviction and sentence passed by the I Additional Sessions Judge, Chikmagalur, in S.C.No.88/2009 dated 23.12.2014.

(2.) The case of the prosecution in brief is that on 26.04.2009 PW1 complainant went to the police station and filed the complaint as per Ex.P1 alleging that she is the resident of Thattekhan Village, her husband expired about 5-6 years back and she has got a son by name Kiran Kumar who is practicing as an Advocate at Koppa Court and used to go to the Court from Thattekhan Village and used to return every day. It is further alleged that accused voluntarily used to quarrel with them regarding non co-operation with respect to stone quarry work and even on the last Sunday he picked up a quarrel and told her that her son has objected for quarry work, if he continues the same he would deal with her son. It is further alleged that on the date of alleged incident her son went at about 5.00 p.m. to the garden land due to stoppage of water supply in the tap, within few minutes thereafter she heard the sound of gun shot. Immediately she rushed to the place where she found her son was lying on the back, she enquired him, on enquiry he told that someone has fired at him and ran away. Immediately she cried and at that time one Yogappa, Mohana, Pradeepa rushed to the place, with their help she brought the injured to the house in a cloth, she provided water, then the injured succumbed to the injuries. She further alleged that she has suspicion against the accused Manjunatha for having committed the offence, hence legal action may be taken. On the basis of the complaint a case was registered in Crime No.52/2009 for the offence under Section 302 of the IPC and Sections 3 and 25 of the Arms Act. Thereafter, after investigation the Investigating Officer laid the charge sheet against the accused. After committal of the case, the Sessions Court took the cognizance and after hearing both the parties, the charge was read over and explained to the accused. Accused pleaded not guilty, he claims to be tried.

(3.) In order to prove the case of the prosecution, prosecution got examined 14 witnesses and got marked 44 documents with sub-markings and also got marked MOs.1 to 9. Thereafter the statement of the accused was recorded under Section 313 of Cr.P.C. by putting incriminating material as against him, he denied the same. He has also led evidence on his behalf and has got examined DWs.1 to 4 and got marked the documents Exs.D1 to D12. After hearing the parties to the proceedings the impugned judgment of conviction and order of sentence came to be passed. Assailing the same, the accused/appellant is before this Court.