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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2022

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON9BLE Mrs. JUSTICE M.G. UMA

CRIMINAL APPEAL No.1842/2016

BETWEEN:

SHANKAR

AGED ABOUT 27 YEARS,

S/O SRI RAMAKRISHNAPPA,

R/AT: C/O CHIKKANANJA REDDY BLDG,

HEELALIGE VILLAGE,

ANEKAL TALUK,

NATIVE OF GUNJARAPALLI VILLAGE,

SHANTHIPURA MANDALA,

CHITTOOR TQ,

ANDHARA PRADESH - 517 423.

... APPELLANT

(BY SRI. RAVI B. NAIK, SENIOR COUNSEL FOR

SRI. PATTABI RAMAN C. ADV.)

AND:

STATE BY:

THROUGH CPI, ATHIBELE CIRCLE,

ATHIBELE, PRESENT:

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S.P.P., HIGH COURT BUILDING

BENGALURU - 01.

... RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL APPEAL FILED U/S.374(2) CR.P.C BY THE

ADV. FOR THE APPELLANT/ACCUSED PRAYING THAT THIS HON'BLE

COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND

ORDER DATED 7.04.2015 PASSED BY THE III ADDL. DIST. AND

S.J.,

BENGALURU

RURAL

DISTRICT,

SIT

AT

ANEKAL

IN

S.C.NO.5050/2013 - CONVICTING THE APPELLANT/ACCUSED FOR

THE OFFENCE P/U/S 302 OF IPC 302 of IPC.

THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO

IMPRISONMENT FOR LIFE AND PAY FINE OF RS.50,000/-, IN

DEFAULT TO PAY FINE, HE SHALL UNDERGO IMPRISONMENT FOR 3

YEARS FOR THE OFFENCE P/U/S 302 OF IPC.

THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING

THIS DAY, M.G. UMA J., DELIVERED THE FOLLOWING:

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JUDGMENT

The appellant being the accused is impugning the judgment of

conviction dated 07.04.2015 and order of sentence dated

08.04.2015 passed in S.C.No.5050/2013 on the file of the III

Additional District & Sessions Court, Bengaluru Rural District, sitting

at Anekal (herein after referred to as the 'trial Court'), whereunder,

he was convicted for the offence punishable under Section 302 of

IPC and sentenced to undergo imprisonment for life and to pay a

fine of Rs.50,000/-. In default to pay fine to undergo further

imprisonment for 3 years.

2.

It is the contention of the prosecution that the accused

had borrowed a hand loan of Rs.3,000/- from the deceased-

Bhramaramba about one year back and had not repaid the same

inspite of repeated request. However, the accused was annoyed as

the deceased was repeatedly demanding him to pay back the

amount/loan taken from her. On 25.03.2013, the accused decided

to cause the death of the deceased and at about 12:30 noon, he

noticed that the deceased was all alone in her house, he entered

into the house and assaulted her with a knife on her head, neck and

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forehead etc., and caused fatal injuries. Immediately, the injured

was shifted to the Hospital, but she succumbed to the injuries.

Thereby the accused committed the offence punishable under

Section 302 of IPC.

3.

PW.2 being the husband of the deceased, lodged the

first information as per Ex.P1. Accordingly, Hebbagodi Police

registered the case against the accused in Crime No.170/2013 for

the offence punishable under Section 302 of IPC and investigated

the matter. After investigation, the charge sheet came to be filed

against the accused. The learned Magistrate committed the matter

to the trial Court. The accused appeared before the trial Court and

pleaded not guilty for the charges leveled against him and claimed

to be tried. The prosecution examined PWs.1 to 10 and got marked

Exs.P1 to P13 and identified MO.1 i.e., Knife used by the accused in

commission of the offence. The accused has denied all the

incriminating materials available on record, but has not led any

evidence in support of his defence. The trial Court after considering

all these materials on record, came to the conclusion that the

prosecution is successful in proving the guilt of the accused beyond

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reasonable doubt. Accordingly, he was convicted and sentenced as

stated above.

4.

Being aggrieved by the judgment of conviction and

order of sentence passed by the trial Court, the accused is before

this Court seeking to allow t