R UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant/accused challenging the judgment of conviction passed in S.C.No.53/2011 dated 28.01.2013 on the file of Fast Track Court, Tiptur for the offences punishable under Sections 302 and 201 of Indian Penal Code.

(2.) The factual matrix of the case is that on 27.02.2010 at about 4.45 p.m. at N.H.47 road towards Tiptur-Halkurike near Machakatte Tandya within the jurisdiction of Honnavalli police station, accused committed murder intentionally causing the death of Lakshminarayana Setty who was coming on his motor cycle bearing Reg.No.KA.06-J-2173 Yamaha RX on the extreme left side of the road dashing in his Maruti Omni bearing Reg.No.KA-02-Z-6568 and thereafter, get down from the vehicle and shifted the injured near bush since there was a dispute and ill-will between the deceased and accused's father regarding repayment of Rs.80,000.00 which was taken by the father of the accused and charges were framed against the accused for the offences punishable under Sections 302 and 201 of Indian Penal Code after securing him before the lower Court.

(3.) The prosecution in order to prove the guilt of the accused, examined 17 witnesses as P.Ws.1 to 17, got marked 21 documents as Ex.P.1 to P.21 and 10 material objects as M.O.Nos.1 to 10. Having recorded the 313 statement of accused and after hearing the arguments of both the sides, the Court below convicted the accused for both the offences.