LAWS(KAR)-2018-1-481

VIJAYARAJU Vs. STATE BY ANAVATTI POLICE

Decided On January 31, 2018
Vijayaraju Appellant
V/S
State By Anavatti Police Respondents

JUDGEMENT

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

(2.) The accused pleaded not guilty and claimed to be tried. In order to prove its case, the prosecution examined 26 witnesses, marked 22 documents along with 5 material objects. By the impugned judgment of conviction and order of sentence, the accused was convicted for the offences punishable under Sections 302 and 324 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default to undergo simple imprisonment for 3 months, for the offence punishable under Section-302 of IPC. To undergo simple imprisonment for 1 year and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for a further period of 1 month for the offence under Section-324 of IPC. Both the sentences were ordered to run concurrently. Being aggrieved by the same, the present appeal is preferred.

(3.) Shri. R.B. Deshpande, learned Advocate appearing for the appellant contends that except the evidence of PWs. 12 & 19, who are close relatives and daughters of the deceased, there are no independent witnesses to the incident and hence, 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. That the statements of both the eyewitnesses cannot be believed. Even otherwise, the incident took place in a heated moment, spur of moment and there was no intention on the part of the accused to cause the death of the deceased. Hence, he pleads that the appeal be allowed and the accused be acquitted for the offences alleged against him.