STATE OF KARNATAKA Vs. BHASKAR KUSHALI KOTHARKAR

JUDGEMENT

(1.) The State of Karnataka has filed this criminal appeal challenging the acquittal of respondents 1 to 4 for the offence punishable under Section 304 Part II read with section 149, IPC and Section 324/148, IPC and Section 143, IPC. Respondents 1 to 4 were found guilty by the Sessions Court, Karwar and aggrieved by the same they filed criminal appeal before the High Court and the appeal was allowed.

(2.) The prosecution case was that the respondent 1 to 4 along with three others went to the residence of deceased Prakash Manjunath Talekar at about 7.30 p.m. on 20-9-1993. These respondents and others were armed with cycle chains, belts and clubs. Deceased Prakash was dragged out of his house by the first respondent and another to a distance of 75 feet where he was attacked by the accused with belts, cycle chains and clubs. PW-1, Shobha, the wife of the deceased Prakash came to the rescue of her husband and she was assaulted by the accused. PW-2 Tarabai who was present in the house of deceased at the time of incident was also assaulted by the accused. Prosecution alleged that PW-10 Sithabai who was coming after attending some function was attacked by these accused on her way to her house. Prakash died about 10 minutes after the incident. PW-1 was afraid to go to the police station and on the next day morning she went to the nearby police station and gave FI statement. Her statement was recorded and the case was registered.

(3.) On the side of the prosecution PW-1 to PW-11 were examined. The post mortem of deceased Prakash was conducted by PW-11. There were as many as 22 injuries on his body and most of the injuries were abrasions and the internal injuries show that there were fractures to the 7th, 8th, 9th and 10th ribs on the left side. There were blood clots surrounding entire left kidney. PW-11 who conducted the post mortem deposed that all injuries were ante mortem and that the injured died of shock and haemorrhage caused due to multiple injuries sustained by him.