M S SHESHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant, who has been convicted by the learned Sessions Judge, Kodagu, Madikeri, for the offences under Sections 302, 506 and 324 I.P.C. He is sentenced to be hanged by the neck till he is dead for the offence under Section 302 I. P.C. and to suffer rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 3,000/- in default to undergo rigorous imprisonment for a period of one year for the offence under Section 506 I.P.C. He is also sentenced to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for a period of 6 months for having committed the offence under Section 324 I. P. C. The learned Sessions Judge also ordered the sentences to run concurrently.

(2.) This appeal is heard along with the Criminal Reference No.1/1994 for confirmation of the sentence imposed on the appellant - accused.

(3.) Deceased Somayya and his wife deceased Poovamma had 7 sons and one daughter. P.W. 4 - Jagadish, accused Sheshappa,. Giriappa, Vasudeva, Honnappa, Narayana and Ravindra are their sons. Vedavathi is their daughter with whom we are not concerned in this case. Parvathi is the dauther-in law of Somayya and Poovamma having married their son Giriappa. A partition in the family of Somayya took place prior to the incident and, thereafter, Somayya, Poovemma, Narayana, Vasudeva and Ravindra lived together. P.M. 4 - Jagadish began to reside in a house about 50 to 100 feet away from Somayya's house. P.W. 3 Damodar, brother of Somayya, was residing at a distance of about 20 feet away from Somayya's house. Accused Sheshappa began to reside with his wife and children separately nearby. Honnappa was living at Sampaje, while Giriyappa, husband of deceased Paravathi lived separately in the same village known, as M. Chembu village.