HOWRI KETHROL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused No.2 against the judgment of conviction and sentence passed in S.C.No.15023/2014 by the V Addl. District and Sessions Judge, Devanahalli, for the offence punishable under Section 302 read with 34 of IPC sentencing the accused to undergo imprisonment for life and to pay fine of Rs.10,000/- (Rupees Ten Thousand only), and in default of payment of fine to undergo imprisonment for a period of six months for the offence punishable under Section 302 read with Section 34 of IPC.

(2.) The prosecution case in brief is that the accused Nos.1 and 2 are the relatives and they were from Orissa State. They were working as Coolies in the brick factory owned by P.W.3-Nageshwara Rao at Bagalur Village. In the said factory, deceased-Vengaiah was working as Writer and Supervisor. On 17.02.2014 at about 10.15 a.m., Vengaiah was supervising the work of labourers and he directed the accused Nos.1 and 2 to do their work properly. On account of the direction issued by the deceased, both the accused got angry and they attacked him. Accused No.1 assaulted with reaper on the head of deceased-Vengaiah and accused No.2 assaulted on his head and face with brick piece. On account of the assault done by both the accused, deceased-Vengaiah sustained severe head injuries. Immediately, he was taken to the hospital, where the Doctor declared that he was brought dead.

(3.) On the complaint filed by P.W.1-Murali, who was present at the spot, the respondent Police have registered the case. On completion of investigation, charge sheet was filed against accused Nos.1 and 2 for the offence punishable under Section 302 read with 34 of IPC.