Evidence must unequivocally establish both the act and the intent for murder; minor discrepancies do not warrant overturning a conviction if the core facts are substantiated.

JUDGMENT :

1. The appellant-accused has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short “Cr.P.C.,”) challenging the judgment of his conviction dated 29.11.2022 and order of sentence dated 30.11.2022 passed by the XII-Additional Sessions Judge, Belagavi, sitting at Gokak (for short “Trial Court”) in S.C.No.8028/2021.

2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

3. The brief and relevant facts leading to the case of the prosecution are as under:

3.1. That, the accused was charge sheeted by the Police Inspector, Ghataprabha Police Station for the offence under Section 3 02 of IPC.

3.2. It is the case of the prosecution that, one Smt.Renuka Laxman Tigadi, r/o. Sanganakeri village in Gokak Taluk lodged complaint at 6.00 a.m. on 10.04.2021 by appearing before the Police Inspector of Ghataprabha police station, stating, that her husband Laxman Mallappa Tigadi, aged about 42 years was killed by his brother-Nagappa Mallappa Tigadi i.e. accused, who is a vagabond. The accused frequently used to consume alcohol and quarrel with his brother deceased-Laxman stating that why he did not perform his marriage.

3.3. About one month prior to filing of the complaint, accused told his relative Dasharath Chunannavar that if his brother-Laxman fails to perform his marriage, he will kill him. Since then, the accused did not visit the house of the complainant. It is stated by the complainant that, on 09.04.2021 she had been to Gokak Government Hospital for the purpose of delivery of her daughter. At about 9.30 p.m. her sister-Savakka Rangappa Patil telephoned her and informed that, near the house of the complainant, by the side of the road, accused assaulted the husband of the complainant in order to commit his murder. Due to the assault, her husband-Laxman sustained grievous injuries on his head and face and blood was oozing. It was told to the complainant that her husband is lying by the side of the road and other residents of Sanganakeri village are there at the spot. On hearing this news, the complainant along with her son-in-law by name Manjunath Venkappa Arabhavi went to the scene of offence on a motorcycle. There, they noticed injured-Laxman lying by the side of the road with injuries on his head and face, but still he was alive and was not able to speak.

3.4. On enquiry, it was revealed that, at about 9.15 p.m. on that day, when Laxman was standing at the place of incident, the accused came there, picked up quarrel with him, and with an intention to kill him, he took a stone and assaulted on his head and face due to which Laxman sustained grievous injuries. Immediately, the said Manjunath and other residents of the village by name Dasharath Chunannavar, Ramappa Melavanki, Bhimappa Chigari, Manikant Maradi and Dastagir Mujawar, shifted the injured in a Cruiser vehicle owned by Mayappa Makali to Nimra Hospital, Gokak. There, the doctor advised them to take the injured to Ganga Hospital. In Ganga Hospital, it was advised by the doctor to take him to Gokak Government Hospital as he had sustained grievous injuries on his person. Accordingly, they shifted the injured to Gokak Government Hospital. There, the doctors gave first-aid treatment and advised them to take the injured to Belagavi Hospital. Accordingly, when they were shifting the injured to Belagavi Hospital, near RTO Circle, he succumbed to the injuries at 11.45 p.m. Thereafter, they shifted his dead body to their village and on 10.04.2021, the complainant filed complaint against the accused as per Ex.P1. Thus, the criminal law was set into motion.

3.5. On 10.04.2021, PW18-Shrishail Byakud, the then PSI of Ghat