RAGHAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Assailing the judgment of conviction and order of sentence passed by the learned I Additional District and Sessions Judge, Bagalkot, sitting at Jamakhandi (hereinafter referred to as "Trial Court") in S.C. No.26/2016 dated 29.11.2017, the accused is before this Court challenging the legality and correctness of the same.

(2.) The factual matrix of the case of the prosecution in brief are that deceased was addicted to bad habits and used to consume alcohol and also used to come late to the house, inspite of the advise made by the complainant. On 15.11.2015, whole day the deceased was in the house and was doing some work. At night, he left the house without informing anybody. When the complainant got up at about 06:00 a.m. on 16.11.2015, he noticed that his father was not there and under the impression that he might have gone to consume alcohol, complainant went for his work. At that time, his friend called him and informed that his father has died in the Mudhol Municipality building by sustaining injuries. Immediately complainant went to the spot and there he noticed injuries over the dead body of his father and blood was oozing from nose and mouth. Therefore, he lodged complaint with the Police. On the basis of the complaint, a case was registered against unknown person.

(3.) It is further case of the prosecution that subsequently P.Ws.4 to 6 went to Police Station and informed about the galata taken place on the previous night between the deceased and the accused and accused pushing the deceased and in that light, he came in contact with a pillar situated in the said building and he sustained the injuries and died. Thereafter, after investigation, charge sheet has been filed. The learned Magistrate committed the case to the Sessions Court. Sessions Court framed the charge by securing the presence of the accused. Accused pleaded not guilty, he claims to be tried and as such, trial was fixed.