SANTHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These Criminal Appeals are filed against the common Judgment of conviction and Order of sentence dated 22/24.4.2015 made in Special Case No.42/2012 on the file of the II Addl. District and Sessions (Special) Judge, D.K., Mangaluru convicting the Accused Nos.1 to 5 for the offences punishable under Sections 143, 147, 148, 341, 323, 504, 302 r/w Section 149 of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 {'SC and ST (POA) Act' for short} and sentencing them to undergo imprisonment for life with fine of Rs.5,000/- each for the offence under Section 302 of IPC; to undergo imprisonment for life with fine of Rs.5,000/- each for the offence under Section 3(2)(v) of the SC and ST (POA) Act; and to undergo Simple Imprisonment for one year, three months, six months and to pay fine etc., for the other offences.

(2.) It is the case of the prosecution that PW.1 Pradeepa lodged a complaint on 16.6.2012 at about 3.30 a.m., alleging that on the night of 15.6.2012 (i.e., previous night), himself and his friends - Manjunath, Santhosh and Kumar had been to Konchadi for purchasing a mosquito coil and when they were coming back near 4th Mile bus stop, two cars and a motorcycle came there and blocked their way and when they were identifying the inmates of the car, Santhu, Gowtham, Akshay and two others (i.e., Accused Nos.1 to 3 and two others) got down from the car and started abusing them (the complainant and his friends) in the filthy language and assaulted them with hand. It was at about 11.15 p.m. and when the complainant and his three friends tried to escape, the Accused No.1 stabbed with a knife on the left abdomen of Kumar and the said Kumar fell down on the road. It is further alleged that the complainant and his friends shouted and screamed and on seeing that the public started gathering, the accused ran away. The injured Kumar was shifted to A.J. Hospital in an autorickshaw for treatment. It is further alleged that at the time of assault, the other two accused were instigating the Accused No.1 to kill Kumar and not to spare his life. The complainant also stated that himself, Kumar, Manjunath, Santhosh and Pappu @ Pradeep are the friends and Pappu @ Pradeep had enmity with the Accused NO.1 and there were frequent altercations between them. Therefore, it is alleged that the complainant and his friends being the friends of Pappu @ Pradeep, the accused had enmity with them also and with the same object, the accused had come with his friends to assault and kill and has injured the said Kumar. The complainant (PW.1) also stated that since the injured Kumar is under treatment in ICU, he had given the statement before the Police. The said statement of PW.1 was recorded by H.C. No.1296, who visited the hospital at about 2.30 a.m. on 16.6.2012 on the basis of the MLC intimation by the hospital as per Ex.P10. The said Police Constable came back to the Police Station and registered Crime No.88/12 for the offences punishable under Sections 143, 147, 148, 341, 323, 504, 307 r/w Section 149 of IPC. Thereafter, the said Kumar succumbed to the injuries in the hospital and therefore, the offence under Section 302 of IPC came to be included in the case. The Investigating Officer (PW.24) took up further investigation of the case and directed PW.23 to conduct inquest and other formalities. After completion of investigation, the jurisdictional Investigation Officer filed the final report and the accused were apprehended on various dates. The Accused No.6 was absconding, though several efforts were made to secure his presence by issuing NBW, he could not be traced and therefore, case against him was split up in Spl.C. No.5/2013. The Special Court has taken the cognizance for the offences made out in the charge framed against the accused persons for the offences punishable under Sections 120B, 143, 147, 148, 341, 323, 504, 302 r/w Section 149 of IPC and Section 3(2)(v) of the SC and ST (POA) Act and read over to the accused, who pleaded not guilty and claimed to be tried.

(3.) In order to prove the guilt of the accused, the prosecution in all examined 24 witnesses as PWs.1 to 24 and got marked the material documents Ex.P1 to Ex.P29 and the material objects Mos.1 to 7. The accused has not chosen to lead any defence evidence, but got marked the documents - Ex.D1 to Ex.D3.