IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO.2119/2018 BETWEEN:

NAGARAJA REDDY, S/O LATE MUNI REDDY, AGED ABOUT 32 YEARS, R/O MUDENAHALLY VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117. … APPELLANT (BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI. KARIAPPA N.A., ADVOCATE)

AND:

STATE OF KARNATAKA, BY HAROHALLY POLICE STATION, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560001. … RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2)

OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 04.10.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA IN S.C.NO.39/2012 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 21.02.2026 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

CAV JUDGMENT

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

This appeal is filed questioning the judgment of conviction and sentence dated 04.10.2018 passed by the Trial Court in S.C.No.39/2012, on the file of the II Additional District and Sessions Judge, Ramanagar sitting at Kanakapura and praying this Court to acquit the accused for the offence punishable under Section 302 of IPC.

2. The factual matrix of the case of the prosecution is that there was quarrel between the deceased and the accused in respect of taking of excess land in ancestral property by the deceased Kunna Reddy and the same was questioned by the accused. That on 22.11.2011, in connection with cutting of Bage tree, there was a quarrel and when the same was questioned by the said Kunna Reddy, the accused having ill-will, with a motive to commit the murder, at 6.40 p.m. when the deceased was coming in his bullock cart near the land of Mariyappa situated at Mudenahalli, inflicted injury with the machete on his head, nose, left thigh, left ear, left elbow, right hand fingers. As a result, he died at the spot and case has been registered on the complaint of P.W.1 and registered Crime No.414/2011. Thereafter, the accused was arrested and spot mahazar was conducted and recovery was made at the instance of the accused i.e., bloodstained chopper and also recovered the cloth in the presence of the panch witnesses. The body was subjected to inquest and post mortem and then recorded the statement of the witnesses and having completed the investigation, filed the charge-sheet.

3. The Trial Judge having received the charge-sheet, took the cognizance and thereafter, secured the accused and framed the charges. The accused did not plead guilty and claimed trial and hence, the prosecution relied upon the evidence of P.W.1 to P.W.16 to substantiate their case and also relied upon the documents at Exs.P.1 to 17 and M.O.1 to M.O.12. On the closure of the evidence of the prosecution, the accused was subjected to 313 statement and the accused did not choose to lead any defence evidence. The Trial Judge having considered both oral and documentary evidence placed on record, comes to the conclusion that the accused only committed the murder and convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- and in default of payment of fine amount, to further undergo rigorous imprisonment for a period of one year. The Trial Judge also gave the benefit under Section 428 of Cr.P.C. for the days undergone by him in judicial custody in this case.

4. Being aggrieved by the judgment of conviction and sentence, the present appeal is filed before this Court.

5. The main contention urged in the ap