In the matter of Chandrashekar P vs The State Of Karnataka By on 18 November, 2022(CRL.A 1952/2018) The appeal is directed against the judgment of conviction and the resolution on the sentence handed down in S.C. no. 174/2017 by the Judge of the Court of Principal District and Sessions, Dakshina Kannada, Mangaluru on 20.10.2018/23. 10. 2018, convicting the appellant for an offense punishable under Section 302 I.P.C. and sentences him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000. and in default of payment of the fine shall undergo simple imprisonment for 6 months and further convict the appellant of the offense punishable under Section 506 IPC and be sentenced to undergo rigorous imprisonment for a term of 5 years and to pay a fine of Rs.5000, in default of payment fines shall undergo simple imprisonment for a term of three months, with both sentences to run concurrently.
FACTS IF THE CASE
Briefly, the case of the prosecution as pleaded in the prosecution papers is that one Thimmappa Poojary (in short ‘deceased’) was working as an orderly in BSNL at Belthangady. He, his wife-PW-1/Champavathi @ Sampavathi and their children/PW-5/Kum.Thanvi and PW-7/Master Kushith lived on the ground floor of a rented building belonging to PW-16 Sudheer Holla. The accused here was a BBM student studying at SDM College in Ujire. He lived next door with his mother. The accused fed the cats and dogs and they made a mess in the premises. There was frequent exchange of words between the deceased and the accused regarding the drawing of water from the tap and the mess CRL.A.1952/2018. As usual, on June 2, 2017, at approximately 7:15 p.m., the deceased returned home. To get snacks for his children, he informed his wife and left the house to do some shopping. On the Allatabailu-Santhekatte muddy road, while he was thus proceeding, about 60 feet from his house, the accused came there, unleashed against him, suddenly attacked him with sickle/katthi at random and caused injuries on his face, head, neck, arms and legs. As a result of sustaining these injuries at the hands of the accused, the deceased succumbed to death on the spot. It was seen by the people of the neighborhood especially PW-3/Basavaraju, PW-4/Surendra Kotian, PW-6/Prashanth, PW-2/Hanumantharayappa, PW-5/Kum.Thanvi and PW-7/Master Kushith.CRL.A.1952/2018.When the eyewitnesses came to help, the accused committed intimidation with a sickle. After seeing more people gathering, he threw the sickle at the spot and fled the scene. PWs-5 and 7 alerted their mother who came and saw the dead body of her husband, visited Belthangady Police Station, set the law in motion by filing a complaint under P1, it was registered in Criminal Case No. 123/2017 . After fleeing the scene, the accused went straight to the police station and surrendered himself to the police and was taken into custody. PW-21/Sri.Ramayya Hegde, ASI registered FIR under P34. PW-22/Sri.Krishnayya V., CPI, who visited the spot, conducted an on-the-spot search and post-mortem of the dead body. PW-23/Sri.Nagesh K., CPI arrested the accused and remanded him in judicial custody. He filed charges after the investigation was over. On CRL.A.1952/2018 on receipt of charge sheet learned Chief Civil Judge and JMFC., Belthangady registered the case under C.C.No.528/2017 and after complying with Section 207 Cr.P.C. he committed the matter to the Court of Appeal pursuant to Section 208 of the Criminal Code. Therefore, the case was registered in S.C. no. 174/2017 by the learned Principal District and Sessions Judge, Dakshina Kannada District, Mangaluru, before whom the trial was completed.
The hon’ble Judge K.Somashekar and T G Gowda that the appeal filed by the complainant/accused under Section 374(2) of the Criminal Procedure Code of 1973 is partly allowed.The judgment of conviction and the resolution on the punishment handed down in S.C. no. 174/2017 by the Principal District and Sessions Judge, Dakshina Kannada, Mangalore, on 20.10.2018/23.10.2018, stands modified. The appellant is acquitted of the offense punishable under Section 506 IPC.The accused is convicted of a criminal offense under Section 304 of Part II of the Implementing Regulations instead of Section 302 of the Implementing Act. The period of imprisonment of 5 years 5 months 16 days served by the accused is sufficient punishment for the offense punishable under Section 304 Part II. Further, the accused is sentenced to pay a CRL.A.1952/2018 fine of Rs.50,000/-, in default of payment of the fine he shall undergo further imprisonment for a term of one year. A fine of Rs.50,000/- shall be paid to PW-1 viz., Champavathi @ Sampavathi,.Ordered accordingly.
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THIS JUDGEMNET IS REVIEWED BY HARSHA L NALWAR