K. RAVICHANDRA & ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the judgment dated 02.07.2008 in Crl.A. No. 136 of 2002 passed by the High Court of Karnataka at Bangalore in and by which the High Court of Karnataka has reversed the order of acquittal and convicted the appellants-accused under Section 304 (II), IPC and also for other offences and sentenced them to undergo imprisonment for three years.

(2.) Appellant No. 1 - accused no. 1 sent a Deepavali greeting to PW-16 (daughter of PW-1) expressing his passionate love for her and PW-16 showed the greetings to her father. When appellant No. 1 visited the village, PW- 1 along with PW-7 (H.C. Jayaramegowda) went near the canteen belonging to one Lingaraju to question accused no. 1 about his conduct. During the talks, appellant nos. 1 to 4 wielded clubs and attacked PW-1, PW-3 and PW-17 and also the deceased -Ramu. Deceased - Ramu sustained injuries on his on his scalp, parietal bone, his right thumb and forearm and also sustained injuries on the leg and succumbed to injuries.

(3.) Upon consideration of the evidence, the Trial Court acquitted all the appellants holding that the prosecution has failed to prove the motive and also the intention of the accused and that the prosecution has not satisfactorily explained the injuries on the accused persons. The trial court also held that the evidence of PW-1 and other witnesses are inconsistent with each other and that the prosecution has failed to prove the guilt of accused beyond reasonable doubt. On those findings, the trial Court acquitted all the appellants.