SHARAVANA S/O LATE ARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the under Sec. 374(2) of Code of Criminal Procedure [CrPC], challenging the judgment and order dated 13-1-2005, passed by the Principal Sessions Judge, Chickmagalur in SC No 89 of 2003, convicting the appellant-accused for the offence punishable under Sec. 302 Penal Code and sentencing him to undergo imprisonment for life.

(2.) It is the case of the prosecution that on 24-4-2003 at about 8.30 pm, in front of the Masjid at Hukkunda village, Chikmagalur taluk and district, when the deceased Krishnamurthy and his wife Smt Neelamma were coming in walking, the accused, thinking that they have given a complaint against him in connection with an altercation that took place at 5.00 pm on the same day, committed murder of the deceased Krishnamurthy by assaulting him by means of a sickle and also by hitting him on the left side of his chest with the sickle and by the hind portion of the sickle and therefore he is alleged to be guilty of the offence punishable under Sec. 302 IPC.

(3.) In order to prove its case, the prosecution has examined in all 16 witnesses and got marked 20 documents and produced 5 material objects. The defence of the accused was one of total denial. However, by the impugned judgment, the learned sessions judge found the accused guilty and convicted him as aforesaid. The convicted accused has preferred this appeal.