SRIKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the Judgment of conviction and sentence passed by the learned Prl. District & Sessions Judge, Raichur against the accused for the offence punishable under Section 307 of Indian Penal Code sentencing him to undergo imprisonment for a period of five years and to pay fine of Rs.5000/-, in default of payment of fine to undergo simple imprisonment for one year.

(2.) The brief case of the prosecution is that, on 26-10-2007 at about 8.00 p.m. at Hirenaganur village, when the complainant Prakashappa who is the father of injured after dinner came out of the house towards road and he found near corner of church somebody was quarreling with his son. Then he went there and saw friends of his son viz, Netiraj, Arogyappa, Dodmanappa and Vijaykumar were also present. He found there Nagareddy, Timmangouda, Mahadevappa, Hussainsab, Ningappa, Siddappa, Chandamma, Basavaraj, Antonappa, Deshappa and Hussainsab S/o Hussainab all of them were stating that, they must take away the life of this Anand and his hands and legs must be broken, at that time accused Srikant and Nagareddy took the knife and stabbed on left side ear and ran away, he tried to rescue his son, but accused threatened him stating that they will eliminate his entire family. Thereafter-words his injured son was taken by his relative Augistine and Arogyappa to Hattigold hospital.

(3.) In this regard on 26.10.2007 at about 21.30 hours Mahadevappa ASI received the information about incident and visited the hospital. He received the written complaint given by PW.1 Prakashappa as per Ex.P.1 and returned to the police station and on the basis of the same he registered a case in Crime No.192/2007 for the offences punishable under Sections 143, 147, 148, 324, 114, 307 and 506 R/w Sec.149 of Indian Penal Code and sent the FIR to Court as per Ex.P4. On the next day, he visited the scene of offence and drawn scene of offence panchnama as per Ex.P.5. He searched for accused and returned. In the evening at 4.30 p.m., the accused had come to the police station to lodge complaint against the injured complainant, so he arrested him. Then accused gave voluntary statement stating that, if he is taken, he will show the knife and accordingly he recorded the voluntary statement of the accused. Then he secured panchas. The accused took himself and panchas to Hirenagnur village near a land of one Hussainsab and near the bush he took out M.O.1 knife. The ASI seized the same by drawing seizure panchnama as per Ex.P.7, then he recorded the further statement of PW.1 and statements of PW.s 2 to 7. Thereafter words he handed over further investigation to P.S.I Dattataraya. PW.8 Dattataraya received the said investigation from ASI, he recorded the statement of CW.2 on 06-11-2007 at hospital and received the wound certificate as per Ex.P.3 on 02-01-2008 from Hattigold hospital and after completion of investigation he filed charge sheet.