LAWS(KAR)-2020-3-6

BASAVARAJ Vs. STATE THROUGH SHORAPUR POLICE STATION

Decided On March 09, 2020
BASAVARAJ Appellant
V/S
State Through Shorapur Police Station Respondents

JUDGEMENT

(1.) Heard Sri Nandkishore Boob, learned Advocate appearing for petitioner and Sri Mallikarjun Sawkar, learned High Court Government Pleader appearing for respondent-State. Perused the records.

(2.) Petitioner is the sole accused charged for the offences punishable under Sections 302, 325, 323 and 308 of IPC as per the charge sheet.

(3.) One Shambanna Gouda S/o Chennappa Gouda Malipatil lodged a complaint on 29.05.2014 before Shahapur Police Station alleging that Gurunathreddy had married Bharathi nine days back i.e., on 20.05.2014 and for purchasing ornaments they had been to Shahapur on 29.05.2014 at about 11.00 a.m., and while returning at about 7.30 p.m., a cruiser vehicle driven in a rash and negligent manner came in opposite direction and dashed against said vehicle resulting in grievous injuries being sustained by inmates of the said vehicle and on account of grievous injuries sustained by Smt. Bharathi, she succumbed to the injuries at the spot. It was alleged by him that said accident was seen by Chandra Reddy (CW 30) and he had informed the complainant over phone and as such, he rushed to the spot and found that Smt.Bharathi had already succumbed to the injuries at spot and Sri Gurunathreddy had sustained severe head injury and Smt.Kavya and her daughter Keerthi had also sustained grievous injuries. Hence, he stated that injured persons were shifted to Shahapur Government Hospital for initial treatment. After registering the complaint, police took up the investigation and have filed charge sheet against the accused for the offences referred to herein supra. During the course of investigation, statements of witnesses have been recorded. C.W.22-Ravi and C.W.23- Sharanagouda had got engaged to deceased-Bharathi D/o Sharabanna Gouda (C.W.5) and in fact had completed engagement ceremony. However, on account of threat posed by the petitioner/accused as per the statements of C.Ws.22 and 23 said marriage broke down in the year 2009 and 2010 respectively.