RAJESWARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.A.No.1023/2014 is filed by the complainant- appellant and Crl.A.No.4/2015 is filed by the State against the judgment of acquittal made in S.C.No.26/2013 dated 12.09.2014 on the file of the Adhoc District and Sessions Judge, Fast Track Court, KGF (hereinafter referred to as 'trial Court') for having acquitted the accused person for the offence punishable under Section 302 of Indian Penal Code (for short ' IPC ').

(2.) The rank of the parties before the trial Court is retained for the sake of convenience.

(3.) The case of the prosecution is that the accused-Govindappa and the deceased-Chalapathi were friends working as maison at Bengaluru and they used to travel to Bengaluru and return back together. About 7 to 8 months prior to the incident, the accused fell in love with a girl and the accused was about to marry her. At that time, the deceased disclosed the fact to the parents of the girl that the accused is already a married person and having children. Due to which, the marriage proposal of the accused was broken. From that day onwards, the accused developed animosity against the deceased. On that background, on 07.11.2012 at 7.45 p.m., when the accused was waiting for the bus to proceed to his village, at that time, the deceased came in the motorcycle bearing registration No.KA-05-EQ- 7759 and picked the accused. The accused traveled as pillion rider in the motorcycle and while proceeding on the way, the accused on the previous animosity assaulted on the hand. Due to which, the deceased along with the accused fell down from the vehicle. Then the accused with an intention to kill the deceased- Chalapathi assaulted on the head with iron rod and also on leg, due to which the deceased succumbed to the injuries. Then the accused fled away from the spot by taking lift from the vehicle of PW.11.