SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused challenging the legality and correctness of the judgment and order dated 30.11.2015 and sentence dated 01.12.2015 in S.C.No.25/2014 passed by the I Additional District and Sessions Judge, Chikkaballapura.

(2.) We have heard Sri. Suyog Herele.E, learned Amicus Curiae and learned Special Public Prosecutor-II for the respondent - State

(3.) Summary of the prosecution case is that the accused was addicted to alcohol and he was in the habbit of sitting in front of his house and used to abuse the public in vulgar language. Being fed up with the said act of the accused, the neighbours advised him many a times not to disturb them, in spite of such advise the accused continued his habit. In that light, on 25.09.2013 at about 6.30 p.m. accused as usual by consuming alcohol was abusing in vulgar language by sitting in front of his house. At that time, neighbour, the deceased Gangamma was sweeping in front of her house, she told him to go inside the house and not to make nuisance, since there were teenage daughters, who were studying in the house. Even in spite of such advice, the accused continued to abuse in vulgar language. The deceased told the accused that he will not mend himself and by saying so she came to beat him with the broomstick. The accused assaulted her with a broken club. Accused went inside his house, brought an iron rod and hit the deceased on her forehead causing fatal injuries and also causing injury on her right cheek. When the deceased Gangamma fell down, her husband and her two children came to her rescue. The accused assaulted them also and gave a threat to all the witness and went inside the house. Immediately the deceased was shifted to the hospital and on the way to hospital she died. On the basis of the complaint, a case was registered in Crime No.189/2013 and after completion of investigation, charge-sheet was filed against the accused.