JUDGMENT

The accused/appellant has preferred this appeal challenging the judgment of conviction and sentence dated 29.11.2014, passed in S.C.No.19/2010 by the II Additional District and Sessions Judge, Kodagu, Madikeri, sitting at Virajpet, wherein, the appellant was convicted for the offence punishable under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default, to undergo sentence of one year rigorous imprisonment.

2. We have heard the arguments of Sri K.S. Chandrakanth Gowda, learned counsel for the appellant and learned Additional SPP for the State.

3. We have carefully perused the judgment of the Trial Court and the oral and documentary evidence adduced by the prosecution to bring home the guilt of the accused.

4. The brief factual matrix that is unfolded in the prosecution story is:-

That the deceased by name Ravi was none other than the brother-in-law of the accused i.e. his wife’s brother. The said Ravi was residing along with PWs.1 and 2 namely, Seethe and Belliappa at Kedamallur village in Virajpet Taluk. The accused and his wife Seethe, along with their daughter by name Padma, were residing in a house situated at some distance from the house of the deceased Ravi. The deceased was often visiting the house of the accused, as the wife of the accused is none other than the full-blood sister of the deceased Ravi.

5. In the above said background, it is the case of the prosecution that on the date of the incident that is on 03.11.2009, the deceased as usual went to the house of the accused and in fact there was some dispute between the accused and the daughter of the accused with the deceased. It is the allegation that the deceased Ravi has assaulted PW.17-Padma, due to which, some quarrel took place between the accused and the deceased Ravi. In that context, it is alleged that the accused took out the chopper and assaulted from its hind side on the head of the deceased, kicked on his abdomen and also torn the shirt of the deceased. It is the further case of the prosecution that having sustained those injuries to the head and also to the abdomen, the deceased Ravi went back to his house where PWs.1 and 2 were there and he disclosed the same to them and told them that he did not want to have dinner, but he would like to sleep. Accordingly, he went to sleep on that night, in their house. In the morning, it appears that PWs.1 and 2 tried to wake-up the deceased, but they found that he was not in a position to get up immediately, they informed the same to the owner of their house. Thereafter, they came to know that the deceased died due to the injuries. Thereafter PW-1 had been to the Police Station and lodged a complaint as per Ex.P-1. On the basis of the above-said complaint, the Police have registered a case in Crime No.203/2009 for the offence punishable under Section 302 of IPC and thoroughly investigated the matter and submitted a charge sheet against the accused.

6. The accused was arrested in connection with this case on 04.11.2009 and since then, it appears that, he has been in custody and nine years have already been elapsed. The Trial Court after securing the presence of the accused, framed charges against the accused for the offence punishable under Section 302 of IPC. As the accused pleaded not guilty, he was tried for the said offence. The prosecution in order to bring home the guilt of the accused, examined as many as 22 witnesses as PWs.1 to 22 and got marked Exs.P.1 to P.28. Exs.D.1 and 2 were also marked during the course of cross-examination of PW.4. Material Objects M.Os.1 to 8 were also marked.

7. After examination of the prosecution witnesses, statement of the accused under Section 313 of Cr.P.C was recorded, and after providing an opportunity to the accused to enter into the witness box to lead evidence, if any, as the accused did not choose for the same, the Trial Court, after hearing both sides, recorded the judgment of conviction and senten