- (1.)This appeal is directed against the judgment dated 16th June, 2006 passed by the High Court of Karnataka in Criminal Appeal No.9/2000. By the impugned judgment the High Court partly allowed the appeal preferred by the State of Karnataka, set aside the judgment of acquittal of the appellant for the offence under Section 302 IPC, held the appellant guilty for the offence under Section 302 IPC and sentenced him to undergo life imprisonment.
(2.)The case of the prosecution is that the complainant Giriyavva, her sons, Shivalingappa, Adiveppa, deceased Mahantappa and Pundappa as well as accused No.1, Pundappa Yankappa Pujari (appellant herein) and accused No.2 Siddappa Pundappa Pujari are the resident of Yankanchi village of Bagalkot's Taluk. The land of the deceased's family as well as the land of the accused is adjacent to one another. The deceased's land is on the northern side whereas the accused's land is on the southern side. In between there is a band fixed with boundary stone. There was a dispute regarding fixing of boundary stone between the accused and the deceased's father Chandrappa Telagi. On 5th July, 1997 at about 9 a.m., accused No.1 was in his land and was removing the boundary stone. The deceased-Mahantappa questioned as to why he was removing the boundary stone and an altercation took place between accused No.1 and deceased-Mahantappa. While the deceased was putting boundary stone to the pit, accused No.1 assaulted him with an axe on his neck and caused severe fracture and injuries which resulted in profuse bleeding whereas, accused No.2 assaulted the deceased with a stick. Laxmavva (PW-7), who was grazing her sheep, on seeing the incident of assault, shouted. Immediately, Sangappa (PW-8), Chandrashekar (PW-9) rushed to the spot and witnessed the incident of assault. Laxmawwa (PW-7) rushed towards the village.
On the way, she met Bhimappa (PW-10) and Ranganagouda (PW-11) and informed them about the incident, who in turn went to the place of incident. Further, she proceeded and informed the incident to complainant-Giriyavva (PW-1), the mother of the deceased. Immediately, Giriyavva (PW-1) rushed to the place of incident and noticed the injuries. The deceased-Mahantappa was shifted to the village by Bhimappa (PW-10) and Ranganagouda (PW-11). From there, the injured was shifted to Goverdhan Hospital, Bagalkot.

(3.)The injured was treated by Dr. Hanamant (PW-16) on 5th July, 1997 and immediately, intimation was sent to Sub-Inspector of Police, Rural Police Station, Bagalkot as per Ex.P-12. The Sub- Inspector of Police, Sekharapa (PW-14) on receipt of Ex.P-12 proceeded to Hospital and enquired about the condition of the injured. The Doctor issued an endorsement as per Ex.P-9 stating that the injured was not in a position to give statement.
Thereafter, Sub-Inspector of Police (PW-14) received a written complaint Ex.P-1 from Giriyavva, the mother of injured. A case in Crime No.95/1997 for the offence under Section 326, 324 and 307 read with Section 34 IPC was registered and an FIR as per Ex.P-13 was prepared and forwarded to the Magistrate. In the meantime, the Assistant Sub-Inspector of Police, Gousasab(PW-13) received the death intimation report of the injured as per Ex.P10. Accordingly, a requisition was forwarded to the Court as per Ex.P-11 seeking permission to alter the offence to one under Section 302 IPC. On the same day, the Sub-Inspector of Police proceeded to the place of occurrence, prepared a spot panchnama as per Ex.P-2, seized the blood stained earth and sample earth-Material Objects (hereinafter referred to as the "MOs") 1 and 2 and handed over further investigation to the Circle Inspector of Police, Pandurang (PW- 17). The Circle Inspector of Police took over further investigation. He recorded the statement of witnesses and arrested accused No.1, Pundappa, seized the blood stained shirt under the mahazar and recorded his voluntary statement as per Ex.P-18. He sent accused No.1, Pundappa to Hospital for medical examination and kept him in custody. On 6th July, 1997, he proceeded to General Hospital, Bagalkot, prepared the inquest panchanama on the dead body of Mahantappa as per Ex.P-24 and recorded the statement of the witness. He seized the blood stained towel and chaddar M.Os 4 and 5 under the panchanama Ex.P-15. At the instance of the accused No.1, he recovered M.O.10-axe and M.O.11-stick and prepared panchanama Ex.P-7. The dead body was subjected to postmortem examination. On the same day accused No.2 was arrested and produced by the Assistant Sub-Inspector of Police. The chargesheet was filed against both the accused for the offence under Section 302/34 IPC.