DEVAPPA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence passed by the trial Court against the appellant in convicting him for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.50,000/- and out of the said fine amount, an amount of Rs.45,000/- was ordered to be paid to PW-1 who is the wife of the deceased.

(2.) The brief factual matrix of the case is that PW-1 Basamma has lodged a police report as per Ex.P-1 stating that, her husband Basavaraj was doing contract work pertaining to the panchayat of Maskanal village in Muddebihal taluk, Vijayapur district. There was some difference of opinion between the accused and the deceased Basavaraj with regard to the deceased having not executed the work of digging 'water source pond for agriculture' in the land of the appellant specifically known as (Krushi Honda). In this context, he was often quarreling with the deceased. However, the deceased was not worried about the said quarrel of the appellant. In this context, it is alleged that on 31.01.2010 when the deceased came from Talikoti village in the evening, and after changing his dress he went near Sangameshwar temple in the said village and sat on a Katta (a stone built sitting arrangement). At that time, some other persons of the same village were also sitting and accused was also sitting in the said place and he had an axe with him. After deceased went there the accused in fact started quarreling with the deceased, abused him and also assaulted the deceased with an axe and gave one strong blow on the left side neck of the deceased. Due to the impact of the said injury the deceased Basavaraj died on the spot. The said incident was seen by many number of witnesses including the wife and mother of the deceased. On the above said allegations the police have investigated the matter by registering a case in Crime No.21/2010 for the offence punishable under Section 302 and 504 of IPC. A charge sheet came to be filed for the above said offences and accused was arrested on 08.03.2010 and it is made clear by the learned counsel for the appellant-accused and the learned Additional SPP that, he has been in the custody since the date of his arrest.

(3.) After committal proceedings and after securing the presence of the accused, the trial Court has framed charges against the appellant for the above said offences. As the accused pleaded not guilty, proceeded to record the evidence on the side of the prosecution.