CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the learned counsel appearing for the appellant and also the learned Additional State Public Prosecutor appearing for the respondent-State. This appeal is filed against the judgment of conviction and sentence for the offences punishable u/S 302, 504 and 506 of I.P.C.

2. The factual matrix of case of prosecution is that few days prior to the incident dated 04.04.2019 deceased Shivanand Dalawai as well as PW7 Manjunath Gourannavar went to evening market at Aminabavi to purchase vegetables and fruits. When they went to purchase banana from a hawker in the market, the accused was sitting besides said seller of banana and when PW7 was enquiring the price of the banana and bargaining with the seller, the accused in connection with the said enquiries suddenly became angry and started abusing both deceased as well as PW7. Then the deceased advised the accused not to quarrel for some issues unconnected to him. At that time, the people who gathered at the market pacified the dispute. Later the deceased and PW7 came back to their village. But on the date of the incident, i.e. on 04.04.2019, at midnight, i.e. 12 o'clock, after having the dinner, deceased and PW7 went for a short walk. To return home, it appears they have to go through the road situated in front of the house of the accused. Accordingly, they were returning home in front of the house of the accused. The accused who was sitting in front of the house having noticed them, came and started abusing deceased and PW7 stating that deceased was very younger to him in age and he was advising him instead of PW7 when PW7 quarreled with him. With that anger, he took a stone and assaulted on the head of the deceased, as a result he fell down and then accused went inside the house and brought the Sickle-MO3 and assaulted on face and head of the deceased. Due to the assault with MO1 and MO3, the deceased sustained severe head injuries and blood was oozing from the said injuries, he became unconscious and thereafter accused with an intention to murder PW7 chased him holding MO3 in his hands. To escape from the accused, PW7 ran towards the house of the injured and informed to the brother of the deceased and his neighbours and in the meanwhile, accused by holding MO3 came to the said place. Looking at the same, accused ran away from the spot and escaped. After hearing the information, PW1, brother along with his neighbours and relatives went in front of the house of the accused, i.e. spot of incident and having noticed the injuries and he was unconscious PW1, i.e. brother, shifted him to the District Government Hospital, Darwad. Later the injured succumbed to the injuries on 17.04.2019.

3. Based on the complaint given by PW1 as per Exhibit P1, the Police registered the case in Crime No. 67/2019 for the offences under Sections 504, 506 and 307 of IPC and registered the FIR in terms of Exhibit P34 and the same was submitted to the Court. Thereafter THE Investigating Officer conducted the investigation, collected all materials and filed the charge sheet. The accused was arrested and recovery was made at his instance, i.e. Sickle and also collected the Postmortem report, F.S.L. report and filed the charge sheet. The accused did not admit the guilt but claims the trial and hence prosecution examined PW1 to 18 and got marked Exhibit P1 to 49 and MO1 to 7. On closure of the evidence of the prosecution, the accused was subjected to Statement u/S 313 Cr.P.C. wherein he did not choose to lead any defence evidence. The trial judge having considered both oral and documentary evidence comes to the conclusion that it is a case of homicidal death and only after appreciating the evidence of PW7, and PW5 and PW6, so also the evidence of PW8 and PW9 and with regard to the recovery, the evidence of PW3 and considering the F.S.L. report as per Exhibit P30, comes