SIDDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment dated 25.11.2015 passed in S.C.No.205 of 2012 on the file of Principal District and Sessions Judge at Mysuru questioning the conviction passed against the accused for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs.50,000/-. In default of payment of fine, he shall undergo imprisonment for a further period of six months.

(2.) The brief facts of the case are, that on 24.02.2012 at 7.15 p.m., in front of the Sunanda Bar, which is situate in New Bazaar Road, K.R.Nagar, when the deceased Murthy came on a TVS Scooty bearing No.KA-45 Rs.0172, the accused who was harbouring illwill against him in order to commit the murder inflicted injuries with a machete. As a result of the assault, the said Murthy succumbed to the injuries. The case has been registered against the accused for the offence punishable under Section 302 of Indian Penal Code. Since he did not plead guilty, the trial was conducted. The prosecution in order to prove the charges examined PWs.1 to 37, relied upon Ex.P1 to P46, marked documents Ex.C1 to C2(a) and also M.Os.1 to 16. The statement of the accused under Section 313 of Code of Criminal Procedure was recorded wherein he has denied the same. The accused did not choose to lead any evidence in defence.

(3.) The Court below considering the oral and documentary evidence and after hearing the arguments of the respective counsels concluded that the prosecution has proved the charge beyond doubt and convicted the accused. Being aggrieved by the judgment of conviction, the accused has preferred the present appeal before this Court.