IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI CRIMINAL APPEAL NO. 100292 OF 2023 (C)

BETWEEN:

SHRISHAIL S/O NAGAPPA AVARASANG AGE 61 YEARS, OCC. FARMER, R/O. HONNIHAL VILLAGE, BILAGI TALUK, DIST. BAGALKOT 587116.

…APPELLANT (BY SRI. K.S. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY PSI BILAGI POLICE STATION, DIST BAGALKOT REPRESENTED BY PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL, HIGH COURT COMPLEX, DHARWAD 580011.

D YA ig S i H ta A ll V y A s N ig T ned by …RESPONDENT NARAYANKAR Location: HIGH (BY SRI. M.B. GUNDAWADE, ADDL. SPP.)

COURT OF KARNATAKA DHARWAD BENC H Date: 2026.03.10 14:51:45 +0530 THIS CRIMINAL APPEAL IS FILED U/SEC. 374(2) OF CR.P.C.

SEEKING TO CALL FOR RECORDS IN SC NO.01/2017 AND SET ASIDE THE JUDGMENT DATED 23.03.2023 AND SENTENCE DATED 27.03.2023 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC, IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

ORAL JUDGMENT

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

Heard learned counsel appearing for the appellant and learned counsel appearing for the respondent / State.

2. This appeal is filed challenging the judgment of conviction and sentence dated 23.03.2023 passed by Principal District and Sessions Judge, Bagalkote (for short, ‘Trial Court’) in S.C. No. 1/2017 for the offence punishable under Section 302 of Indian Penal Code (for short, ‘IPC’) and prayed this Court to set aside the judgment of conviction and sentence and acquit the accused for the offence punishable under Section 302 of IPC.

3. The factual matrix of the case of prosecution is that the accused and deceased Mahantesh are the close relatives. The deceased Mahantesh had taken the land of brother of the accused by name Basavaraj for cultivation of crop share basis. The accused was not happy for the same. One day, the accused tried to kill Mahantesh by dropping a stone on him while he was sleeping in the farmhouse. Thereafter, the accused had left the village for about six months. Thereafter, he returned to the village. The accused and deceased were consuming alcohol together and particularly on 19.08.2016 at 10.30 p.m., the accused and the deceased Mahantesh went to the house of Mahantesh and Mahantesh had requested his sister to serve food to both of them. While she was serving the food, the grandmother of the Mahantesh, Smt. Gouravva, asked the accused to leave the house at the earliest after having the dinner. The accused felt insulted for the same and went to his house without taking the meal and closed the door of his house. Having noticed the same, the Mahantesh followed him and knocked the door and repeatedly, requested him to come and have the food. After sometime, the accused suddenly opened the door of his house and slit the neck of the Mahantesh with knife. The deceased consequently fell down and blood started oozing profusely from the neck. Thereafter, the deceased Mahantesh was shifted to Government Hospital, Bilagi. On examining the Mahantesh, the doctor declared him as brought dead. The uncle of the deceased by name Girimallappa Avarasang has filed the complaint in this regard. On the basis of the same, the Police registered the case in Crime No.166/2016 and FIR was also registered. Thereafter, conducted the inquest panchanama over the dead body in presence of mahazar witnesses. He also visited the place of incident and conducted the spot panchanama and seized old newspaper containing blood stains and also collected the blood clots fallen on the floor and also taken the photographs. He prepared rough sketch of the place of incident. Thereafter, recorded the statements of eyewitnesses and also other witnesses. The accused was arrested at about 02.15