GOPI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned Additional State Public Prosecutor for the State and carefully perused the case records with their assistance.

(2.) THE appellant herein, who was the sole accused before the Trial Court, was tried by the Trial Court for the offences punishable under sections 302 and 307 of the Indian Penal Code, on the allegation that on 3-6-1994 at about 11. 30 p. m. in the night near Kerekodi Circle in tumkur town, he committed the murder of one Paramesha by committing assault on him with a knife on his neck and that further in the course of the same transaction he also committed assault with the same knife on the complainant-Girisha P. W. 2, a companion of the deceased and caused injuries to his neck. The appellant/accused has been convicted by the Trial Court for the above said offences and sentenced to undergo life imprisonment for the offence under Section 302 of the IPC and rigorous imprisonment for seven years for the offence under Section 307 of the IPC. Hence, this appeal by the convicted accused.

(3.) THE facts of the case are as follows P. W. 2-Girisha is a friend of the deceased. The accused, the deceased and P. W. 2 are residents of Tumkur town. On 3-6-1994 at about 10-00 p. m. or so in the night when P. W. 2-Girisha was sitting in the shop of his uncle on the Garden Road in Tumkur Town, the deceased Paramesha came there. The deceased told P. W. 2 that one Basavaraj had snatched from him a sum of Rs. 1,200/- and requested him to come along with him to obtain back the said amount from Basavaraj. Thereupon both P. W. 2 and the deceased Paramesha came to the market circle at about 11. 00 p. m. in the night. At that time, they noticed the accused shouting at p. W. 1 and trying to assault him by holding his collar and was forcing p. W. 1 to take him in his autorickshaw. P. W. 1-Ghouse is the driver of the autorickshaw and there were some passengers in the autorickshaw at that time. On seeing the same, both P. W. 2 and deceased went near the autorickshaw and when the deceased had merely asked the accused as to why he should behave like that, the accused took out a button knife and assaulted the deceased on his neck. The accused also assaulted P. W. 2-Girisha with the same knife on his neck. They both sustained bleeding injuries to their neck on account of the assault committed on them by the accused with the knife. On being so assaulted by the accused, both p. W. 2-Girisha and the deceased Paramesha started running away from the place, and in that process, the deceased Paramesha fell down near an arrack shop at a short distance from the place of assault. They were being chased by the accused. P. W. 2-Girisha has however escaped and ran away from there. The deceased Paramesha died on the spot where he fell down. P. W. 2-Girisha went to his house and from there he was taken in the autorickshaw of P. W. 7-Nagaraju by his father P. W. 10-Kempanna to the hospital. In the hospital, the doctor P. W. 11 examined the injured P. W. 2 at about 11. 50 p. m. on the night of 3-6-1994 and noticed one incised wound measuring 6" x 2" over the left side of the neck, below left mandible, deep upto the muscle, exposing neck muscles and vessels. He has issued the wound certificate as per Ex. P-10. On 4-6-1994 the P. S. I. P. W. 16 visited the hospital in the morning and recorded the statement of the injured P. W. 2 in the hospital which is as per Ex. P-3. On the basis of which the P. S. I. P. W. 16 registered the case against the accused and took up the investigation. During the course of the investigation, he held inquest proceedings subjected the dead body of the deceased to post-mortem examination, recorded the statement of material witnesses and also arrested the accused, who was absconding since the date of the commission of this offence, at Bangalore and in consequence of a statement made by the accused; he recovered several weapons including the weapon which was used in assaulting the deceased and P. W. 2 and also the pant in which the said knife was found. After completion of the investigation, he submitted the charge-sheet against the accused,