PAVITHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is against the judgment of conviction and order of sentence dated 18.10.2010 rendered by the Court of Principal Sessions Judge, Dakshina Kannada, Mangaluru in S.C.No.98 of 2009 whereby the accused Pavithra was convicted by the Sessions Court for the offence punishable under Section 307 of I.P.C.

(2.) The factual matrix of the appeal are as under:

(3.) The crime came to be registered by the police against the accused by recording an FIR in Crime No.43/2009 in Ullal Police Station, Mangaluru. Subsequent to the registration of the crime, based upon the complaint of PW-3 as per Ex.P4, the criminal law was set into motion. Subsequently, the I.O. has taken up the case for investigation and investigation has done by recording the statement of the witnesses and so also by securing the FSL report issued by PW-1, Dr.Geethalaxmi, Scientific Officer in RFSL, Mangaluru. PW-2 is the Medical Officer who treated the injured. However, the I.O. has secured all the relevant documents inclusive of Wound Certificate at Ex.P3 and the spot mahazar conducted by the I.O. as per Ex.P6 and so also recording the statements of P.W. Nos.3, 4, 6 and 7 inclusive of other material documents during the course of the investigation. Subsequent to completion of investigation, the I.O. has laid the charge-sheet against the accused in C.C.No.3006/2009 for the offence punishable under Section 307 of the Indian Penal Code, 1860. Subsequent to laying of the charge-sheet against the accused, the case has been committed to the Court of trial as where the accused was facing trial in S.C.No.98/2009.