CHANDRASHEKAR P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is against the judgment of conviction and order of sentence passed in S.C.No.174/2017 by the Court of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, on 20/10/2018/23/10/2018, convicting the appellant of the offence punishable under Sec. 302 of the I.P.C. and sentencing him to undergo rigorous life imprisonment and to pay a fine of Rs.10,000.00 and in default of payment of fine, he shall undergo simple imprisonment for 6 months and further convicting the appellant of the offence punishable under Sec. 506 of IPC and sentencing him to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.5,000.00, in default of payment of fine, he shall undergo simple imprisonment for a period of three months with both the sentences to run concurrently.

(2.) Appellant was the accused and the State was the complainant before the trial court. For the sake of convenience, the ranking of the parties will be referred to as stood before the trial court.

(3.) In brevity, the case of the prosecution as pleaded in the prosecution papers is that, one Thimmappa Poojary (in short 'the deceased') was working as lineman in BSNL at Belthangady. He, his wife-PW- 1/Champavathi @ Sampavathi and their children/PW- 5/Kum.Thanvi and PW-7/Master Kushith were residing in the ground floor in a rented building belonging to PW-16 Sudheer Holla. The accused herein was a BBM student studying at SDM College at Ujire. He was residing in adjoining house along with his mother. The accused was feeding cat and dogs and they were creating messy in the premises. In respect of drawing tap water and messy there was frequent exchange of words between deceased and accused. This being the order of the day, on 2/6/2017 at about 7.15 p.m., the deceased had returned home. To bring snacks to his children, he had informed his wife, left home to shop. On Allatabailu- Santhekatte mud road when he was so proceeding, about 60 feet away from his house, the accused came there, took out quarrel against him, all of a sudden, randomly assaulted him with sickle/ katthi and inflicted injuries on the face, head, neck, hands and legs. Consequent upon sustaining such injuries in the hands of the accused, the deceased succumbed to death at spot. It was witnessed by the neighbourhood people, particularly PW- 3/Basavaraju, PW-4/Surendra Kotian, PW-6/Prashanth, PW-2/Hanumantharayappa, PW-5/Kum.Thanvi and PW- 7/Master Kushith.