Back
K. SOMASHEKAR, T. G. SHIVASHANKARE GOWDA
Shekarappa S/o. Rakundi Mallappa – Appellant
Versus
State by Thunganagara Police Station Shivamogga, Rep. by SPP – Respondent
JUDGMENT :
This appeal is directed against the judgment of conviction and order of sentence rendered by the trial Court in S.C.No.83/2016 dated 02.02.2017 whereby convicting the accused for the offence punishable under Section 302 of IPC, 1860. Whereas under this appeal the appellant is seeking intervention of the judgment of conviction and to consider the grounds as urged in this appeal and consequently, set-aside the judgment of conviction rendered by the trial Court in S.C.No.83/2016 and acquit the accused for the offence punishable under Section 302 of IPC.
2. Heard learned counsel Sri H.P. Leeladhar for appellant and learned Addl.SPP for respondent – State. Perused the judgment of conviction rendered by the trial Court.
3. The factual matrix of the appeal are as under:
It is transpired in the case of prosecution that complainant – H.G. Sangappa had entrusted work of construction of house in site bearing No.172 situated at Swamy Vivekananda Layout, Shivamogga to CW.7 – Prakash under whom deceased Rajasab @ Basha and accused Shekarappa were doing masonry work. On 18.12.2015 both deceased and accused were working in the site and since the RCC work was under progress, the complainant
Section 304 of IPC, 1860 which reads as Punishment for culpable homicide not amounting to murder.
Point of Law : It is suffice to hold that said period of incarceration undergone by appellants shall be termed as service of sentence and the same will meet the ends of justice. [Para 44]
Section 106 of the Evidence Act reads Burden of proving fact especially within knowledge – When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
Part II of Section 304 of IPC comes into play when the death is caused by doing an act with knowledge that it is likely to cause death, but there is no intention on the part of the accused either to ....
Section 304 Part II IPC relates to punishment but without any intention to cause death.
The sufficiency of circumstantial evidence, the reliability of witness testimonies, and the application of the Last Seen Together Theory were central to the judgment. The court emphasized the need fo....
The prosecution must prove the guilt of the accused beyond a reasonable doubt, and in cases relying on circumstantial evidence, the evidence must form a complete chain that excludes any reasonable do....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
