(1.) The appellant-Kumara @ Siddegowda was the sole accused before the Additional Sessions Judge, Fast Track Court, Channarayapatna (for short, 'trial Court') in S.C. No.162/2012. The learned Sessions Judge has convicted the appellant/accused in the said case for the offence punishable under Section 302 of IPC and also sentenced him to undergo imprisonment for life and to pay fine of Rs.20,000/- and out of the said fine amount, a sum of Rs.10,000/- has been ordered to be paid to PW.13-Smt. Prabhavathi, the wife of the deceased, as compensation. Being aggrieved by the said judgment of conviction and order of sentence, the appellant/accused has assailed the same before this court, in this appeal.
(2.) Before adverting to the submission made by the learned counsel for the appellant/accused and the learned Additional SPP, we would like to have brief factual matrix of this case.
(3.) It is the case of the prosecution that, a person by name Kumar is the resident of Attihalli village in Nuggehalli Hobli, Channarayapatna Taluk, Hassan District, being an agriculturist he owned a tractor- trailer. It is the allegation that, the accused-Kumara @ Siddegowda has taken the tractor of the deceased on lease for the purpose of his agricultural activities and he was due to the deceased in a sum of Rs.800/- towards the said transaction. Whenever PW.7 -M Shivaraj, the driver of the said tractor,was demanding the said amount on behalf of the owner of the said tractor, the accused dodging to pay the amount to the deceased Kumar. In this context, it is alleged that, on the date of incident ie., 07.05.2012, PW.7-Shivaraj had been to the house of the accused in demand of the said money. Instead of paying the amount, it is alleged that the accused told PW.7 to send the deceased to his house, so that he would pay the said amount. Accordingly, at about 7.00 am., on the date of incident, both PW.7 and the deceased went to the house of the accused and in turn the deceased has demanded for the said amount. Immediately, the accused started abusing the deceased in filthy language and he also denied that, he is due of any amount to be payable to the deceased. In turn, the deceased also abused the accused in filthy language and their conversation turned to quarrel. At that time, the accused went inside the house and brought a knife and tried to assault on the neck of the deceased, but the deceased escaped from the blow and that blow fell on the left chest of the deceased, as a result the deceased sustained severe injury on the chest and later he succumbed to the injury in the hospital.