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1990 Supreme(Kar) 326

B.J.HEGDE, D.P.HIREMATH
PUJAPPA – Appellant
Versus
STATE – Respondent


Advocates:
M.V.Nanjundiah, M.V.SESHACHALA

HIREMATH, J.

( 1 ) THE appellant herein has sent this jail appeal challenging his conviction u/s. 302 IPC for the murder of one Durgavva and another Veereshappa. He has been sentenced to suffer imprisonment for life for the offence u/s. 302 IPC. Though there were charges u/s. 323 IPC for having caused injury to Lachmavva his mother and criminal intimidation under S. 506 IPC for having intimidated Huligeppa, he was acquitted of those two charges.

( 2 ) BRIEFLY stated it was the prosecution case that there was some property dispute. When two deceased were sleeping in their house, the accused inflicted fatal blows with Vanike on them and when his mother attempted to intervene she was also assaulted. The accused did not engage any counsel in the Sessions Court, but a Standing Counsel was appointed during the trial. Though specifically the accused appellant did not plead in his defence u/s. 313 Cr. P. C. that he was of unsound mind when the offence is alleged to be committed the trend of the cross-examination was to that effect. The Sessions Court found that the prosecution has established guilt against the accused for the main offence u/s. 302 IPC and did not agree with the contention











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