J U D G M E N T

Aggrieved by the judgment and order of conviction and sentence passed against him, the accused in S.C.No.43/2016 on the file of Principal District and Sessions Judge, Davanagere, has preferred this appeal.

2. The appellant is the sole accused in S.C.No. 43/2016 before the Trial Court. He was prosecuted in S.C.No.43/2016 for the offences punishable under Sections 302 and 324 IPC on the basis of the charge sheet filed by Channagiri Police in Crime No.437/2015. For the sake of convenience, the parties are referred to henceforth as per their ranks before the Trial Court.

3. The case of the prosecution in brief is as under:-

a. Accused- Ramesh and deceased- Hanumanthappa were cousins and they were residents of Upparabeedi, Channagiri Town. There was a property dispute between them and they would frequently quarrel on the ground that the deceased had not given the accused a proper share in the ancestral property of their grandfather- Rangappa.

b. As things stood thus, on 07.11.2015, at about 7:30 p.m., when Hanumanthappa was sleeping on a rock in front of his house, the accused with an intention to commit his murder, brought MO.2-Iron pipe from his house and assaulted Hanumanthappa on the head, due to which, he sustained a bleeding injury behind his right ear. At that time, PW 16- Jayappa a neighbour of both accused and deceased, tried to rescue Hanumanthappa. The accused assaulted PW 16 also with MO.2- Iron pipe on his left leg, causing him a bleeding injury as well.

c. Soon after the incident, the neighbours PW 8- Praveena and PW 12- Dharma came to the spot and shifted both Hanumanthappa and PW 16 to Government Hospital, Channagiri. Hanumanthappa was referred to McGann Hospital, Shivamogga for further treatment, but on the way to the hospital at 8:30 p.m. near Holehonnur, he succumbed to his injuries. PW 16 during his treatment in Government Hospital, Channagiri, on 07.11.2015 between 10:30 p.m. and 11:15 p.m, gave his statement as per Ex.P.10 before Channagiri Police.

d. On the basis of Ex.P.10, PW 18- PSI, Channagiri police station, registered the case in Crime No. 437/2015 for the offences punishable under Sections 302 and 324 IPC and submitted FIR- Ex.P.13 to the Court. During the course of investigation, the accused was arrested. The police conducted mahazars, recorded statements of the witnesses and after conclusion of the investigation, PW 19 the Investigating Officer, filed charge sheet against the accused for the aforesaid offences.

4. In order to prove its case, the prosecution examined PWs.1 to 19 and marked documents as per Exs.P1 to P15 and material objects as per MOs.1 to 8. To defend himself, the accused got marked portions of statements made before the police by PWs.4,7 and 8 respectively, during their evidence.

5. Upon evaluating the evidence, the Trial Court came to the conclusion that the prosecution was able to prove its case beyond reasonable doubt by mainly relying on the evidence of the eyewitnesses and injured eyewitness. Further, the Trial Court relied on the evidence of the chance witnesses viz., PWs.8 and 12 and the medical evidence of Doctors-PWs.9 and 10 indicating the cause of death of Hanumanthappa as ‘hemorrhagic shock secondary to injury sustained’. The motive behind commission of murder of the deceased being the property dispute between the accused and deceased was established. The medical evidence and evidence of the eyewitnesses are supported by corroborating accounts from spot and seizure mahazar witnesses. Additionally, the FSL report Ex.P.11 and evidence of PW.17 the Scientific Officer, further validate the evidence provided by both eyewitnesses and chance witnesses. Hence, the Trial Court convicted the accused for the offences punishable under Sections 302 and

324 IPC.

6. Sri D. Nagaraj Reddy, learned Amicus Curiae appearing for the accused argues that the prosecution is guilty of suppression of material facts and has not come forward with the true version of the incident. The Trial Co