LAKKANARA NAGRAJ Vs. STATE OF KARNATAKA

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 11 witnesses, marked 11 documents as at Ex.P.1 to P.11 and also got marked material objects MOS. 1 to 11. On behalf of the accused, the contradictory portion of the statement of PW.2 has been got marked as Ex.D.1 to D.3. By the impugned judgment of conviction and order of sentence, the Trial Court convicted the accused for the offences punishable under Sections 457, 392, 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/- for the offence punishable under Section-457, in default of payment of fine, to undergo imprisonment for further period of three months. To undergo rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, to undergo imprisonment for further period of six months for the offence under Section 392 and undergo imprisonment for life for the offence punishable under Section-302 of IPC. Both the sentences were ordered to run concurrently. Being aggrieved by the same, the present appeal is preferred.

(3.) Shri. Y.S. Shiva Prakash, learned Advocate appearing for the appellant vehemently contended that there are no eyewitnesses to the incident to prove that the accused had committed murder of the deceased. PW.1 (M. Patragouda) is the close relative of deceased Gangamma and hence, his evidence cannot be believed. There are material discrepancies in the evidence of PWs. 2 & 3 and therefore, the learned judge of the trial Court has failed to appreciate the evidence on record in a proper perspective and misdirected itself in convicting the accused.