AJJAPPA SABAPPA MALAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant, through Superintendent, Central Prison, Belgaum, is challenging the legality and correctness of the judgment of conviction and sentence ordered by the Presiding Officer, Fast Track Court-II & Additional Sessions Judge, Belgaum, dated 29th March 2005, in Sessions Case No. 219 of 2004 wherein the Sessions Court has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine amount to undergo simple imprisonment for three months.

(2.) ACCORDING to the prosecution, one Irappa Dashrath Raibag, a resident of Neginahal village, was residing in Janata Colony along with his wife, two children and aged father. On 30th April 2004, at about 12.30 p.m. since the deceased was unwell and suffering from dysentery, he went out of the house to answer the nature call. At that point of time, his two minor children by name Bandeppa and Bharati were playing in front of his house. When Irappa was near the water tank - about 50 to 60 feet away from his house - the accused proceeded behind him and gave a blow with M.O.1 - axe on both sides of the head and on the forehead which incident was witnessed by the two minor children of Irappa, who immediately rushed into the house and informed Mahadevi, the complainant, and Dashrath Raibag-father of the deceased who suddenly came out of the house and saw the accused assaulting the deceased Irappa with the axe. At the same time, a neighbour by name Magappa Hakmaddi also witnessed the same. After seeing the complainant - Mahadevi, the appellant-accused ran away with the axe. As a result of the assault, the deceased had sustained injuries to the forehead right and left park-tal region. He was immediately taken to government hospital, Neginahal, where Dr. Babu Naik gave treatment and informed the police, and thereafter, on the advice of Dr. Babu Naik, the injured was shifted to Civil Hospital, Belgaum and he was treated as an inpatient till 10.05.2004, on which date he died in the hospital. On the basis of the complaint lodged by Mahadevi-wife of the deceased, the police registered a case in Crime No. 42/04 and after investigation a case was registered in C.C. No. 591/2004. After the death of Irappa, the offence was converted into 302 of IPC by the Circle Inspector of Police, Bailhongal.

(3.) WE have heard the learned Counsel appearing for the appellant and the learned Additional State Public Prosecutor for the prosecution.