STATE OF KARNATAKA Vs. DIWAKARA BHAT

JUDGEMENT

(1.) This appeal by the State has been directed against the reversing judgment of the High Court of Karnataka in Criminal Appeal No. 660 of 1986 setting aside the conviction of the respondent recorded by the Sessions Judge, Kannada, Bangalore in Sessions Case No. 65 of 1985 for which the respondent was sentenced to pay fine of Rs.5000/-, in default to suffer simple imprisonment for one year. It was directed by the learned Sessions Judge that the entire fine amount, if realised, shall be paid to Thara Kini, PW 1, widow of the deceased N. B. Kini.

(2.) The deceased N. B. Kini was working as a Manager in Navabharath Printing Press at Mangalore. The deceased along with his wife, Thara PW 1 and son were, living in a rented premises belonging to the respondent since about more than a decade from the date of occurrence. A part of the house was occupied by the respondent and his father while other part of the said house was in occupation of the deceased and his family there being a common wall between the two tenements. There were four steps leading from the tenement in occupation of the deceased to the courtyard. Those steps were also common to both the tenements. The house of witness Prabhakar, PW 2 was on the opposite side of the house of the deceased beyond the road while the house of Nagvekar, PW 3 was on the right side of the tenement occupied by the deceased. According to the prosecution on 3-7-1985 the deceased brought a T vs. Antenna and pipes which were kept in the Angala which has a concrete flooring. At about 2.15 PM the deceased and his wife were sitting in the varandah after taking their lunch. It is said that at that point of time the respondent opened the door and entered into the varandah and started talking to the deceased in a raised voice saying with whose premission he had brought that Antenna. The respondent is alleged to have abused the deceased and told him that he would see as to how he fixes the Antenna. The deceased, however, asked the respondent not to get agitated and requested him to sit so that they could talk over the matter calmly. But the respondent went away with the said threat. Shortly thereafter when the deceased was going to his office and asked his wife to close the door and while he was so standing on the door itself on the steps, the appellant suddenly came from his house and again objected as to how he was going to fix the Antenna and so saying he pushed the deceased with great force on account of which the deceased fell down on the Angala with his face upwards. His wife Thara, PW 1, raised a cry attracting the attention of the neighbours Prabhakar, PW 2 and Nagwekar, PW 3 and others who came to the spot. Thereafter PW 1 as well as PWs 2 and 3 lifted injured Kini and made him to lie on the cot inside the house. Suresh, the son of the deceased, was informed on phone who rushed back home from his college. Suresh and other witnesses took the injured Kini to the nearest Vinaya Clinic for medical aid but the doctor declined to provide any medical aid and advised them to take him to Government Hospital as it was a case of assault. Injured Kini was, therefore, immediately removed to the Government Hospital where he was admitted and given treatment. Thara PW 1 lodged the report. Injured Kini, however, died in the hospital at about 2.15 PM on 4-7-1987.

(3.) The respondent was charged for an offence under Sections 448 and 304 of the Penal Code. The respondent pleaded not guilty to the charge. Dr. Arun Kumar Rao, PW 5 who first attended the victim in the Government Hospital found following injuries on his person :-