The court upheld the conviction under Section 304 Part II IPC, establishing a clear nexus between the appellant's actions and the victim's death, while modifying the sentence to account for time served and enhancing the fine for compensation.

ORAL JUDGMENT

Heard Sri. Renspre Prithesh D'Souza, learned counsel for the appellant and learned High Court Government Pleader for the State.

2. Though the matter is listed for admission, the matter is taken up for final disposal by consent of the parties.

3. The appellant-accused is questioning the validity of the judgment passed in S.C.No.129/2022, in particular about the sentence ordered by the learned Sessions Judge for the proved offence under Section 304 Part II of IPC . The sentence ordered by the learned Sessions Judge is culled out herein for the ready reference:

"Acting U/Sec.235(2) of Cr.P.C ., the accused is convicted for the offence punishable U/Sec.304 Part II of IPC .

Consequently, the accused is sentenced to undergo imprisonment for 6 years (six years only), and to pay fine amount of Rs.10,000/-, in default of payment of fine, he shall undergo simple imprisonment for three months for the offence punishable U/Sec.304 Part II of IPC .

The payment of fine amount imposed against the accused is mandatory.

The accused is entitled to seek set off of the period in which he is already in judicial custody as under trial prisoners out of total period of conviction.

Acting U/Sec.235(1) Cr.P.C ., accused is acquitted for the offence U/s 504 of IPC .

MO.1 to 10 being worthless is ordered to be destroyed, after appeal period is over.

Send copy of this judgment to the District Legal Service Authority, Davanagere to consider compensation to complainant PW.1 who is the wife of deceased, under Karnataka Victim's Compensation Scheme.

Office is directed to supply the copy of this judgment to the accused at free of cost."

4. Essential factual matrix required for the disposal of the appeal on merits are as under:

4.1. A charge sheet came to be filed by Honnali Police Station against the appellant herein alleging commission of the offence punishable under Sections 504, 323, 324 and 302 of IPC . Charge sheet materials would reveal that deceased Manjappa is the father of the appellant herein. The complainant is the mother of the appellant. Old couple were drawing old age pension in a sum of Rs.1,200/- from the Government under ‘Sandya Suraksha Scheme’ and the amount was transferred to their post office Savings Bank Account. Deceased Manjappa and his wife Maramma were leading their life apart from receiving old age pension, by doing coolie work.

4.2. Appellant said to have addicted to liquor and used to nag money from the old age parents. Whenever there used to be refusal to part away with the money for consuming liquor, there used to be quarrel. On the fateful day, i.e., 07.04.2022, at about 8 p.m., when Manjappa and Maramma were in their house, appellant visited the house and demanded money for consuming liquor. Quarrel ensued at that juncture. In the quarrel, appellant said to have abused his father in filthy language and gave him life threat.

4.3. Despite repeated demands, when Manjappa did not part away the money for consuming liquor, the accused got enraged and with an intention to kill his father, dragged his father out of the house and assaulted with hands and legs all over his body and made him to fall down, stood on his chest, stamped his chest and neck and thereafter the accused picked the stone lying by the side of the road and dumped it on his face, head and chest. As a result, Manjappa sustained grievous injuries. Blood started oozing from his mouth.

4.4. Hearing the hue and cry, Basavaraj, chandrappa and Tippesh Kadakara came to the spot and rescued Manjappa from the clutches of the accused and shifted him to hospital in a private vehicle. On the way to the hospital, Manjappa succumbed to the injuries and hospital authorities declared him dead.

4.5. A complaint came to be lodged by Maramma with regard to the incident which was registered by Honnali Police Station and later on the matter was thoroughly investigated inter alia arresting the appellant. After thorough investigation, charge sheet came to be filed against the appellant for the