SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence passed by the Presiding Officer, Fast Track Court (Sessions), Kanakapura, Ramanagara District in S.C. No. 25 of 2010 dated 17.11.2012 convicting the appellant and sentencing him to undergo imprisonment for life and to pay a fine of Rs.35,000/- for the offences under Section 302 IPC and in default to pay fine amount, to undergo simple imprisonment for a period of one year.

(2.) The brief facts of the prosecution case are as under: On 16.08.2009 at about 6.00 p.m., one Krishna had been to Guttalahunase village to bring his sister and her two daughters to his village. Since his sister was preoccupied with some work, she had sent her two daughters along with Krishna. Hence, Krishna, Sampritha aged 8 years and Rakshitha aged 6 years had taken a town bus from Guttalahunase village and had alighted at Haanamanahalli village at about 6.30 p.m. When the three of them were proceeding to their house which was a mile away, they had seen one Shivanna sitting in front of Byramma's courtyard. Suddenly the accused Shivanna is said to have started chasing Krishna at the instigation of Accused No.2 and assaulted him with an iron chopper on the left side of his neck, shoulder and so also on other parts of his body and caused grievous injury and thereby committed the murder of Krishna. It is alleged that the accused carried a previous enmity with the deceased Krishna in connection with he having caused grievous injury to Shivanna's mother Honnamma, while committing theft in the house of his mother about a year back.

(3.) In pursuance of the act of the accused, on filing of a complaint by the complainant, the crime came to be registered for the offences under Sections 302 and 114 of IPC. The Investigating Officer who had taken up the case for investigation, laid the charge sheet against the accused before the committal Court. The Trial Court had framed charges against the first accused under Section 302 of IPC and charges under Section 114 IPC had been framed against accused no.2 where the accused had pleaded not guilty but claimed to be tried. Subsequently, in order to substantiate the case of the accused, the prosecution in all examined witnesses P.W.1 to P.W.17 and got marked several documents as Exhibits P.1 to P.11 apart from marking material objects MO-1 to MO-11. Subsequently, the incriminating statement under Section 313 Cr.P.C. was recorded by the Trial Court where the accused had denied the truth of the prosecution evidence adduced so far and did not come forward to adduce any defence evidence as contemplated under law. The Trial Court on hearing the arguments advanced by the prosecution and the learned counsel for the accused and on evaluating the entire evidence placed by the prosecution, had opined that the prosecution had proved the guilt of the first accused beyond all reasonable doubt and convicted accused No.1 for offences under Section 302 IPC and acquitted Accused No.2 for offences under Section 114 read with Section 302 IPC. Hence, the accused No.1 - appellant has filed the present appeal challenging the judgment of the Trial Court, urging various grounds.