ASHOK JAGANATH HARSOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is accused No.3 in Crime No.99/2019 of the respondent ? Police Station registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) The summary of the case of the prosecution is that accused No.1 had stood as a surety and enabled the deceased-Vijaykumar to avail loan of Rs. 50,000/-. However, the deceased has failed to repay the loan amount despite several demands made by the accused. In that regard, on the night, on 16.09.2019 at about 11.00 p.m. when the deceased was going to have his dinner in a public place near the Transport Office at Gunj, the accused Nos.1 to 3 came to the said place and raised an objection to the deceased for repaying the loan. In the said process, stating that instead of clearing the loan amount, the deceased was giving false excuses, they started assaulted him and in that process, the present petitioner, who is accused No.3, caught hold of the deceased and other accused took a heavy stone lying on the side of the road and assaulted the deceased on his head by causing injuries, due to which, he succumbed to the death on the spot.

(3.) The learned counsel for the petitioner in his argument submitted that there are discrepancies in the statement of the complainant in his complaint, as well that of his mother with respect to information about the death of deceased Vijaykumar received by police. Similarly, there is also discrepancy between the narration given in the complaint and what is stated in the postmortem report with respect to the deceased. The learned counsel also submitted that the alleged incident is said to have taken place in a busy place, as such, it is highly unbelievable that nobody went to the rescue of the deceased, but, on the other hand, eye witnesses were only watching the incident.