KHAGAPATI GOUDA Vs. STATE

JUDGEMENT

(1.) Appellant Khagapati Gouda along with one Siba Bhotra was indicted in the Court of Sessions Judge, Koraput under Section 302 read with Section 34 IPC for having. committed the murder of Sukru Gouda. The learned Sessions Judge acquitted Siba Bhotra of the charge on benefit of doubt. The appellant, however, has been found guilty and has been convicted under Section 302 IPC simpliciter. He has been sentenced to undergo imprisonment for life. In this appeal, the said conviction and sentence are under challenge.

(2.) Briefly stated the prosecution case is that the appellant was the nephew of the deceased Sukru Gouda who was issueless. He brought the appellant to his house at Marijaniguda and kept him as his son since about one year prior to his murder. The appellant used to quarrel with the deceased as the latter did not give any land to him. The other accused Siba Bhotra is a friend of the appellant. On 4-11-1991 in the morning the appellant and the co-accused Siba Bhotra took the deceased Sukru Gouda to village Ushigaon to take liquor in the house of Hata Delapati (P.W. 1). After taking liquor all of them left the house of P.W. 1 at about 5 p.m. In the night, the appellant and the co-accused Siba Bhotra came to the village and told Tulsa (P.W. 5), the widow of the deceased that they killed Sukru by means of a stone in the land of one Katulu Jani. Hearing this P.W. 5 along with others including the appellant and the co-accused Siba Bhotra went to the spot and found Sukni Gouda lying dead with injuries on his left side head. After the matter was reported at the local police station police took up investigation and on its completion charge-sheeted the appellant and the co-accused Siba Bhotra under Section 302/34 IPC which has ultimately resulted in the conviction of the appellant under Section 302 IPC simpliciter, as aforesaid.

(3.) The plea of the appellant was one of denial.