V.J. HARISHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals are filed challenging the judgment of conviction and sentence dated 29.11.2010 passed in S.C.No.75/2004, on the file of the Sessions Judge, Kodagu at Madikeri, convicting the accused for the offence punishable under Section 307 of IPC and sentencing the accused to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.15,000/- each and in default of payment of fine to undergo further simple imprisonment for a period of six months.

(2.) The factual matrix of the case is that on 18.02.2004 at about 5.30 p.m., the injured P.W.1 had given the complaint in the Government Hospital stating that at 4.00 p.m., on the same day, he had been to Venkateshwara Hotel at Shanivarasante. He noticed the accused persons looking at him in the hotel and they were discussing something and hence he suspected and left the hotel in his motorcycle. When he reached near KRC Circle in front of KPTCL Office, the accused persons signaled him to stop his motorcycle. They were holding kathis in their hands. P.W.1 apprehending danger, started the motorcycle. At that time, with an intention to take away the life of P.W.1, accused No.1 assaulted him on his right shoulder and when he tried to escape from the spot, all of them chased him and he escaped from them and went to the hospital.

(3.) Based on the complaint, the police have registered Crime No.29/2004. Thereafter, investigation was conducted and charge-sheet was filed against accused Nos.1 to 3 and the same was numbered as C.C.No.433/2004 and after the committal, the same was numbered as S.C.No.75/2004. The accused persons were secured and they did not plead guilty and claimed trial. Hence, the prosecution relied upon the evidence of P.Ws.1 to 7 and got marked the documents at Exs.P.1 to 6. M.Os.1 to 5 were also marked. After the completion of the prosecution evidence, 313 statements of the accused were recorded. Accused No.1 examined himself as D.W.1 and got marked the documents at Exs.D1 to 22. During the trial, accused No.3 committed suicide. Hence, case against accused No.3 is abated. The Trial Judge after considering both oral and documentary evidence placed on record, convicted accused Nos.1 and 2. Hence, accused No.1 and 2 have filed two separate appeals before this Court.