IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 1149 OF 2013 (C)

BETWEEN:

B.S. KAVERAPPA @ JAPU S/O B.T.SOMAIAH @ CHOMANI AGED 26 YEARS, AGRICULTURISTS, ABBYALA, ERALAVALAMUDI VILLAGE, CHETTALLI - 571 201 APPELLANT (BY SRI. KRISHNA MOORTHY.P.,ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE Digitally signed MADIKERI RURAL CIRCLE by SUMA B N Location: HIGH KODAGU DISTRICT-571 201 COURT OF REPRESENTED BY LEARNED S.P.P.

KARNATAKA RESPONDENT (BY SRI.R.LAKSHMAN, HCGP)

THIS CRL.A. FILED U/S.374(2) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:27/30.11.13 PASSED BY THE I ADDL. DIST., AND S.J., KODAGU, MADIKERI IN S.C.NO.91/2006 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 304 PART II OF IPC AND ETC., THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the accused being aggrieved by the judgment of conviction and order of sentence dated 27.11.2013 passed in S.C.No. 91/2006 on the file of the I Additional District and Sessions Judge, Kodagu Madikeri [for short 'the trial Court'] which reads as follows:

"ORDER In the result, the accused- B.S. Kaverappa @

Jappu, is convicted under Section 235(2) of Cr.P.C. for the offence p/u/s 304 Part II of IPC instead of offence under section 302 of IPC.

Posted for hearing on quantum of sentence to be imposed on the accuse."

"ORDER ON THE SENTENCE In the result, accused/convict is sentenced to undergo rigorous imprisonment for a period of 4 years 6 months and to pay fine of Rs.6,000/- (Six Thousand), in default of payment of fine shall have to undergo simple imprisonment for a period of one year for the offence p/u/s 304 Part II of IPC, The default sentence regarding non payment of fine shall run separately.

While executing the sentence of imprisonment, the period of custody already undergone during the trial is to be considered.

In the event of payment of fine, the sum of Rs.5,000/- is ordered to be paid to the wife of the deceased by way of compensation under section 357(3) of Cr.P.C. after appeal period is over. If wife is not alive, then to be confiscated to the State after appeal period is over and the remaining fine amount is confiscated to the State after appeal period is over."

2. The case of the prosecution is that on

19.07.2006, at about 12 noon, in the land belonging to one Mudera Suri and Neharu of Abbyala, Eralavalamudi Village, the accused had intentionally caused the death of one T.M.Moidu on the issue of non-payment of commission by the deceased in connection with timber business, by assaulting him with sickle on his head, neck and throat causing grievous injuries resulting in his death thereby committing the offence punishable under Section 302 of IPC.

3. After framing of the charges, the accused denied the charges and sought to be tried. The prosecution has examined 34 witnesses as PW.1 to PW.34 and has exhibited 43 documents as Exhibit P.1 to Exhibit P.43 and marked 15 material objects as MO.1 to MO.15. The statement of the accused was recorded under Section 313 of CrPC, which having been denied, the trial Court framed the following points for its consideration and consequently passed the order as extracted hereinabove.

Point No.1:

Whether the prosecution proves beyond all reasonable doubt that, on 19-07-2006, at about 12- 00 noon, in the land belonging to Mudera Suri and Neharu in Abbyala of Eralavalamudi village, the accused with an intention to commit the murder of T.M.Moidu, with regard to the non payment of his commission amount by the T.M.Moidu in connection with the timber business has assaulted with sickle on his head, neck, throat caused the grievous injuries, and committed the murder of said T.M.Moidu, thereby committed an offence of culpable homicide amounting to murder punish