SHAMRAO MASTAN BHEEMANHALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused in Sessions Case No.91/2011 on the file of IV Additional Sessions Judge, Kalaburgi whereby he has been convicted for the offence punishable under Section 302 of Indian Penal Code (for short 'IPC') and sentenced to undergo life imprisonment and pay a fine of Rs.5,000/- with default clause of simple imprisonment for six months.

(2.) Case of the prosecution is as follows ;- Lalappa S/o Ambanna Chandanakera resident of Chengta Village, lodged a complaint, stating that on 30.03.2004, he returned to his village along with Mallikarjun and Hanumanth after doing coolie work. Taking rest for a while he was going to his house, accused came from the opposite side and abused him in filthy language and stabbed him with a knife on his stomach due to which he suffered bleeding injury. After raising hue and cry, Mallikarjun and Hanumanth came to the spot and on seeing them, accused ran away from the spot. He further stated that he was taken to his house by Mallikarjun and Hanumanth and he narrated about the incident to his mother. Later on he was taken to the Government Hospital, Kalaburgi. He has stated in his complaint that there was enmity between the accused and one Gundappa and since the accused had seen him moving with Gundappa, and with an intention to murder him, the accused stabbed him. The deceased himself reported this incident to police and then an FIR was registered. In the meanwhile, injured complainant Lalappa succumbed to the injuries in the hospital on 8.4.2004. Hence, a requisition was sent for including the offence punishable under Section 302 of IPC. The investigation Officer visited the hospital and conducted inquest panchanama on the dead body of Lalappa and subjected the dead body to post mortem examination and clothes lying on the dead body of the deceased Lalappa were seized by conducting panchanama in presence of panchas and after examining and recording statement of witnesses, the investigation Officer filed a charge sheet against the accused for the offences punishable under Sections 504 and 302 of IPC.

(3.) The prosecution, in order to prove the guilt of the accused in all examined PWs.1 to 15 as witnesses and got marked Exs.P.1 to P.11 and M.Os.-1 to 3. The Sessions Court after appreciating the evidence of the prosecution came to a conclusion that the prosecution was able to prove the case beyond reasonable doubt and consequently found the accused guilty of the offence punishable under Section 302 of IPC and sentenced him to as aforesaid. Accused was acquitted of the offence punishable u/s 504 of IPC.