SRI RUMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant herein has challenged the judgment of conviction and order of sentence dated 31/7/2012 in S.C.No.141/2011 passed by the Additional Sessions Judge, FTC, Puttur, D.K., (hence forth for brevity referred to as the 'Sessions Court') convicting the appellant/accused for the offence punishable under Sections 302 of the Indian Penal Code.

(2.) In his memorandum of appeal, the appellant has taken a contention that the Sessions court has committed serious material irregularities and illegalities in appreciating the material evidence available on record and has erred in convicting him for the offence punishable under section 302 of the IPC. The evidence placed on record by the prosecution suffers from contradictions, improvements and omissions and that the court below ought to have given the benefit of doubt in favour of the appellant. The appellant has stated that the defence put-forth by him in the court below was a probable defence. Therefore, having regard to the facts and circumstances of the case, the court below should have appreciated the same. Further stating that the prosecution has also failed to prove the alleged motive against the appellant which the court below did not consider, the appellant has prayed for allowing the appeal by setting aside the judgment of conviction and order or sentence under appeal.

(3.) The respondents are being represented by the learned High Court Government Pleader. The lower court records were called for and the same are placed before the court.