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EN THE HIGH COURT OF' KARNATAKA AT BANGALQRE
mmu THIS THE 433 DAY 01? NOVEMBER 2003
PR ESENT
THE H£T1N'BLE MR. JUSTICE 3.1%. E3ANNU.I2h'f£fi{I'I¥i~A./,::' 3
AND
THE HON'BLE§ MR. JUSTICE AN. VE;s§im0PAi;Ia.¢go'w5§A"'% 1'
CRIMINAL APPEAL 'xa:{;1o98[@T
1 KADYA V
AGEl'?yAB'QUT' 5:5 f:EARs;z:;0Q;;,1E..%
R10 BE'3{'TIC3ERE§fViLLAGE A:~;m>os*r
£3AN&K.'»'*--.I. H<;»£2.«;.:;'V% . .
MUDIGERE TAMK "
cHIx2qgaGALUwR L~1s."§R'i€:'F' '
Now IN-CENTRAL JAIL,
ELENGALORE.' - ~ '
APPELLANT
(§3Yw.s§2i. _15RAAM'{)«DA, Anv.)
.' lac '.'
Am %
1 3T.r,.1.t:é:.s'I*pkr1; are KARNATAKA
A BYBANAKAL POLICE
= x :._CHIKM.AGALUR
, RESPONDENT
” (Bi: SRE. SB. FAWN, 3??)
mg”
‘I’HiS CRLA IS FILED Li/8.374(2) CR.P.C, BY THE
ADVOCATE FOR THE APPELLANT ACEAINST THE JUi3GIt’iE’?§T
EIRSJQD4 PASSED BY THE R0″ FAST TRACK COUR$fi}
CHIKMAGALUR, IN S.C.NO.4S/’00 — CONWCFIEG
APPELLANT,/ACCUSED FOR THE OFFENCE P/U/has-Q2 0′? L’I1″i’%f:’u
AND SENTENCENG Hm TO UNDERGC3~~L3E’}3 ;:m;=:;«,+<;;«:s:::~;:s:::~ '
AND TO my FINE op' RS.10,000/~ Ltag, H,-13 svHA;L..:jND'r.':e<;0.:;vT.'
3.1. FOR 2 YEARS. _ V
THIS APPEAL COMING oN'_1_§@.,§e FINAL i1.EA';%::N».:g«~v'1?.a£–&3
DAY, BANNURMATH J., DELIVEREDVu'?.H E FoLL1,v_i’Nu;}:
JUn¢mEfl® ,
convicted accused
challenfiilg: the conviction and ssntence
dated 12 by the ieamed Presiding
2F::astn Chikmagalur in Sessions
” holding the accused guilty of the
effétiréaé ‘éecfion 302 IPC and sentencing him to
for life with fine of Rs.10,£)(}O/~
default sentence.
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2. The brief facts as per the
are as follows:
to the prosecution, children and
wens living lto the date of
incident thereafter, the
deceased so relationship with
quarrel befivserl and his wife as well as
V.fafl1eg;’§’jn7lawrv%§ (tliefl accused herein). According to the
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the arrivai ef others and thereafter, about 5.00
approaches the jurisdicti-anal police at *
Station and narrates the incident. PW-6 i
of the Police Station recerds the ‘asflperf V
and regstered Crime No.37/2880 Vfoifithe
Section 302 IPC and investiga£i'(3i:i”iis set
Usual prmeedmgé deewirig up
various mahazars preeeedings
etc., in _ witnesses. Search
fer the eccusedv is {iead body is subjected to
autopsy which by PW-5 Dr. G. Jamugan
_ and Ex.P~5. The accused is arrested
e1″1V:V”‘2.3,4A,2Q€i{i)”~. arid is intetrrogated. During the
iI1t£*I’i*egatiet1;VA’eI=eis the accused made a voluntaly
é shcwing the spot Where he had kept the
1, they Went to the spot along with mahazar
and seized the said weamn. The same is
u”‘.»siibjeeted te forensic test along with clothes of the
gt/T’
Sheck to loss of blood as a resuit of out
leaves-.._no in our mind to hold that the deceased
” –Si§ivappe’v.;i1et with homicidal death. However, the
°:1io>ot’»q=.iestion before us is: who caused it and especially
10. At the out set, it is to be noted that V’
of Shivappa being homicidal in natuie is not .
The evidence of Pw–1 — the a11e_ge£i__eye_~’ ixsifié.-§s~,5;:: the it ‘ do
evidence of P’W–2 — the inquest if
espfitriaily evidence of PW-5
autopsy report Ex.P-6 clearly 3
had received an side of the
neck 2″ below left si;2:e”5’ and 1 $6″ in
depth ‘ Visterne cledomattoid
muitiple “left and left ear0toid–artery .
The deetor the death was due to
to…:t:<ie' major arteries and veins. As such, it
9/1
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13. At this stage itself} we have to notefitije
casual manner in which the learned “”
has recorded the statement under _
Cr.P.C. Inspite of catena of It
trial Judges about the wag the.,_”q:tes:zV’e;»;: .
Section 313 Cr.P.C to she totally
ignored the well perusal of
313 very casual
_v Sessions Judge.
Questzbnfng of finder Sectior; 313 Cr.P.C.
is nr”Jt_§”cira.2k:1le faiegaiaziig. The object is that, at the
the accused has to be confionted
circumstances disclosed
and recerd the answers given by the
t The evidentiary value ofthe answers given
V. accused while being’ questioned under Section
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