SHANTHAPPA GOWDA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the complainant challenging the judgment and order of acquittal dated 11.10.2013 passed in S.C.No.79 of 2006 for the offences punishable under Sections 504, 302 read with Section 34 of Indian Penal Code, on the file of the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, Sitting at Puttur. Brief facts of the case:

(2.) It is the case of the prosecution that accused Nos.1 and 2 are the husband and wife and the deceased is the neighbour and fellow resident of Bandaru Village, Belthangady Taluk. C.W.4 - Thaniyappa Gowda is the brother-in-law of the accused No.1. Both were having a dispute regarding road and for this reason their relationship was strained. The deceased is the father of P.W.1- Shanthappa Gowda and fellow resident of Bandaru Village of Belthangady Taluk, who owns arecanut garden in Sy.No.232/2 of Narmaje of Bandaru Village. C.W.4 was working under the deceased as labour. For this reason both the accused were under an impression that the deceased was assisting C.W.4 in the road dispute, which prompted them to teach a lesson to the deceased. They decided to commit the murder of the deceased and waited for an opportunity to implement their common intention. Such opportunity came to them on 25.3.2006. As on that day, at about 8.00 p.m., the deceased was in his arecanut garden in Sy.No.232/3, fixing sprinkler jet to pump water to the land. Both the accused having seen the presence of the deceased alone in the land, in order to prosecute their common intention of committing the murder, armed with wooden clubs, trespassed into the said land, picked up quarrel with the deceased, abused him in filthy language, so as to cause breach of peace, intentionally insulted the deceased and in furtherance the accused No.1 by means of wooden club did inflict head injury to the deceased. Accused No.2 also did inflict injury on the right shoulder, due to which the deceased fell to the ground. Both the accused caused grievous injuries to the deceased. After hearing the screaming sound, the family members of the deceased rushed to the spot. The accused persons by seeing the arrival of the family members of the deceased and others, left the place. Immediately the deceased was taken to the Wenlock Hospital and inspite of best efforts, he did not survive and succumbed to the injuries on 26.3.2006.

(3.) The police based on the complaint of P.W.1, registered the case and thereafter investigated the matter and recoveries were also made at the instance of the accused persons. After the completion of the investigation, the police have filed the charge-sheet against the accused persons for the offences punishable under Sections 447, 504, 302 read with Section 34 of Indian Penal Code.