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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^th DAY OF JULY 2019

PRESENT

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

AND

THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL APPEAL NO.3533/2012

BETWEEN

MANIKYA S/O LACHMYA PAWAR

OCC: BEGGAR

R/O SHANKARGAON

TQ. PANDARPUR

DIST. SHOLAPUR (MAHARASHTRA)

…APPELLANT

(BY SRI MAHANTESH DESAI, ADVOCATE)

AND

THE STATE OF KARNATAKA

THROUGH: REVOOR P S AT REVOOR

TQ. AFZALPUR

DIST. GULBARGA

REPRESENTED BY ADDL. SPP

HIGH COURT OF KARNATAKA

CIRCUIT BENCH, AT GULBARGA

... RESPONDENT

(BY SRI PRAKASH YELI, ADDL. SPP)

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THIS CRL.A FILED U/S. 374(2) CR.P.C PRAYING TO SET

ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER

OF SENTECE PASSED BY THE HON'BLE COURT OF FAST TRACK -

III AT GULBARGA, IN S.C. NO. 284/2005 ON DATED 23.08.2007 BY

ALLOWING THE APPEAL AND CONSEQUENTLY ACQUIT THE

APPELLANT / ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE

U/S 326, 397, 302 IPC, IN THE INTEREST OF JUSTICE.

THIS APPEAL HAVING BEEN HEARD, RESERVED FOR

JUDGMENT AND COMING ON FOR PRONOUNCEMENT OF

JUDGMENT THIS DAY, ASHOK G. NIJAGANNAVAR J., DELIVERED

THE FOLLOWING:

JUDGMENT

This appeal is filed by the appellant/accused No.1

being aggrieved by the judgment of conviction and

sentence dated 23.08.2007 in Sessions Case No.284/2005

for the offences punishable under Sections 326, 397 and

302 IPC. The appellant/accused Manikaya is convicted

and sentenced to undergo rigorous imprisonment for three

years and to pay fine of Rs.1,000/-in default, to undergo

further imprisonment for six months for the offences

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punishable under Section 326 IPC. Further, he is also

sentenced to undergo rigorous imprisonment for seven

years and to pay fine of Rs.1,000/-, in default, to suffer

imprisonment for six months for the offence punishable

under Section 397 IPC and he is also sentenced to

imprisonment for life and to pay fine of Rs.5,000/-, in

default, to undergo further imprisonment for one year for

the offence punishable under Section 302 IPC.

2.

The prosecution case in brief is that on the

complaint was filed by one of the injured victim namely

Hanamantraya S/o Choudappa Jewargi of Arjunagi village

wherein it is alleged that himself and his son Dattatreya

had cultivated the groundnut and carrot crops in their

land. As such, everyday they were sleeping in their land

to protect the crops. On 25.04.2004, the complainant and

his son were sleeping in their farm land. The complainant

was sleeping on the country made cot and his son

Dattatreya was sleeping on the ground nearby him.

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During night at about 3.00 a.m., three unknown persons

came there and stood around them. The complainant

woke-up and asked as to who they are. At that time, one

of them assaulted with axe on the left side of the head and

another person who was holding the long knife (jambe) on

his left hand. When the complainant tried to getup,

another blow was given with the back portion namely

handle of the axe. On hearing of the cry of the

complainant, his son Dattatreya woke-up and tried to go

near his father. But, the said persons assaulted him with

the long knife (jambe) on his stomach and ran away from

the spot. Immediately, the complainant went towards the

neighbouring land owners and informed about the assault

done by the said persons. When the complainant and

neighbouring land owner Fakirsab came to the spot, his

son Dattatreya was lying on the ground and was dead. On

registering the complaint, the investigation was completed

and charge sheet was filed against the accused persons for

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the offences punishable under Sections 397, 326 and 302

IPC.

3.

After committal of the case to the Sessions

Court and on appearance of the accused persons, charges

were framed for the aforesaid offences. The trial was

concluded. In order to prove the case, the prosecution

examined 15 witnesses as PWs.1 to 15 and documents

Exs.P1 to P14 were marked. The material objects were

marked as MOs.1 to 10. After recording the evidence, the

statement under Section 31