KRISHNAMURTHY @ GUNODU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by Krishnamurthy (also described as Krishna Murthy), Gopala and Thimmappa takes exception to the judgment dtd. 20/2/2021 passed in Criminal Appeal No. 200147 of 2017, whereby the Division Bench of the High Court of Karnataka, Kalaburagi Bench, has affirmed their conviction under Sec. 302 read with Sec. 34 and individually for the offences under Ss. 447, 504, 506 and 341 of the Indian Penal Code, 1860 (for short, 'IPC ').

(3.) Having examined the evidence in detail, we agree that Krishnamurthy has been rightly convicted under the aforesaid Ss. , including Sec. 302 of the IPC. Testimonies of Channamma (PW-1), Ramanjaneya (PW-4), Dullaiah (PW-6) and Dodda Narasimha (PW-7), all eyewitnesses, implicate Krishnamurthy as the perpetrator who had assaulted the deceased-Venkatarama after he had fallen down. In view of our analysis of the testimonies in the ensuing paragraphs, we have reservations in entirely relying upon the depositions of Dullaiah (PW-6) and Dodda Narasimha (PW-7). But we have no reservation in accepting the depositions of Channamma (PW-1) and Ramanjaneya (PW-4) implicating Krishnamurthy. We have subsequently reproduced the relevant portions of their depositions. Suffice at this stage is to aver that the specific acts attributed to Krishnamurthy are that after Venkatarama had fallen- down, he had kicked and assaulted him on the neck with his legs and hands. The version on the role of Krishnamurthy deposed by Channamma (PW-1) and Ramanjaneya (PW-4) gets corroboration from the Post-Mortem Report (Exhibit P-6) and the deposition of Dr. Sharanabasava (PW-9) who had conducted the post-mortem. Venkatarama had suffered abraded contusion of reddish blue colour on the neck area and abraded contusion reddish in colour on the left side of the chest. Internal dissec. had revealed profuse bleeding over the muscles of the neck surrounding the arteries that were ruptured. The left side ribs 4, 5, 6 and 7 were fractured. The utral part of the stemum was broken into two pieces. The spinal cord at the level of C-5, C-6 and C-7 was contused, edematous and elongated. The cause of death was opined as haemorrhagic shock as a result of multiple injuries.