JUDGMENT :

B. VEERAPPA, J.

1. The present criminal appeal is filed by the accused Nos. 1 and 2 against the judgment and order on sentence passed by the I Additional Sessions Judge, Kalaburagi in S.C. No. 322/2012 dated 19.06.2013 thereby convicting the accused Nos. 1 and 2 for the offence punishable under Section 302 read with Section 34 of Indian Penal Code for life.

2. It is the case of the prosecution that, on 14.04.2012, the Assistant Sub Inspector of Mudhol Police Station, after receiving Medico Legal Case (MLC) report from the Basaveshwar Hospital, Kalaburagi to the effect that one Sri Sharanappa had died while he was undergoing treatment in the said hospital for the injuries sustained by him due to assault. At about 4.00 p.m. he had visited the said hospital and got confirmed the death of deceased Sharanappa, due to injuries sustained by him and recorded a complaint lodged by complainant Smt. Kashamma Damargidda, resident of Laxmi Nagar, Mudhol, who was present in the hospital. Complaint to the effect that her brothers deceased Sharanappa and accused No. 1 Anjalappa were residing separately, since six years. There was a dispute between them regarding trees grown on the bund situated in between their lands and accused No. 1 Anjalappa often used to tell that he will commit murder of deceased Sharanappa.

3. On 14.04.2012, at about 10.00 a.m., when she was in her house, somebody came to her house and told her that her brother Sharanappa had sustained grievous injuries and he had been taken to Mudhol Government Hospital, for treatment. Later, she went to Government Hospital, Mudhool. Her brother Sharanappa was sleeping in the ambulance parked in the premises of the hospital, he had sustained bleeding injuries on his head and his both hands and legs. On enquiry, injured Sharanappa told her that at about 9.00 a.m. when he was cutting trees grown on the bund of his land, accused No. 1 Anjalappa and his son accused No. 2 Ashok, came to the land and took quarrel with him and with intent to commit his murder, had assaulted him with axes and due to which, he has sustained injuries. One Smt. Balamma, who was cultivating the land of her brother Sharanappa, was also present in the ambulance and she has also stated the same facts, which injured Sharanappa had stated before her. After giving first-aid treatment to injured Sharanappa, he was taken to Basaveshwar Hospital, Kalaburagi in ambulance for further treatment. While undergoing treatment in the Basaveshwar Hospital, her brother Sharanappa had died on the same day at 2.30 p.m.

4. On the basis of the complaint, the jurisdictional police registered a case in Crime No. 37/2012 against accused Nos. 1 and 2 for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and after completion of investigation, charge sheet came to be filed. The Trial Court considering both oral and documentary evidence by the impugned judgment and order of sentence dated 19.06.2013 in S.C. No. 322/2012 convicted both the accused Nos. 1 and 2 for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- each for the above said offence and in default of payment of fine, they shall undergo simple imprisonment for a period of five months. Hence, the present appeal is filed.

5. During the pendency of the present appeal, I.A. No. 1/2018 came to be filed for suspension of sentence and bail. The second appellant/accused No. 2 raised an issue regarding the age of appellant No. 2/accused No. 2 and contended that as on the date of the alleged incident took place on 14.04.2012, his date of birth is 28.12.1995 as per the certificate issued by the Registrar of Births and Deaths, Mudhol, Sedam Taluk and as on the date of the alleged incident the appellant No. 2/accused No. 2 was 16 years 04 months