SHIVAKUMAR N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 29.06.2004 passed by the Fast Track Court-I at Mandya in S.C. No. 47/1998 convicting the appellant for the offence under Section 307 of I.P.C. and sentencing him to undergo R.I. for a period of three years and to pay a fine of Rs.30,000/-, in default to undergo S.I. for a period of six months.

(2.) IT is the case of the prosecution that on 25.06.1996 at about 8.30 p.m. near a circle at 9th Cross of Shankara Nagar, Mandya Town, the accused stabbed the complainant on his abdomen and chest with knife and caused him bleeding injury and if the same had caused the death of the injured Chandrashekar he would have been guilty of the offence of murder and thereby the accused is alleged to have committed the offence under Section 307 of I.P.C.

(3.) LEANED Counsel for the appellant submits that the incident is alleged to have been taken place due to the accused teasing the daughter of aunt of PW-5 and when PW-5 questioned the accused as to why he is teasing the girl, he has alleged that the accused has stabbed the injured on his chest and stomach. The prosecution has neither cited the girl nor her mother as witness and has also not examined the said girl to show that such an incident of teasing a girl has occurred. He further submits that for the first time on the next day PW-5 the injured comes out with the name of the accused and he has not disclosed the name to the Doctor when he was produced on the same day night before PW-7, He submits that due to some old enmity, the complainant has filed this case and it is further not shown that at the time of incident there was light at the vicinity to identify both the accused and the weapon. Under the circumstances, he submits that the order of conviction suffers from illegality and impropriety insofar as the involvement of the accused in the commission of the offence. Hence, he submits that the order of conviction may be set aside.