LAWS(KAR)-2011-9-161

YARATH BASHEER S/O HAJI MOOSA Vs. THE STATE OF KARNATAKA BY CPI, MADIKERI RURAL CIRCLE REP. BY STATE PUBLIC PROSECUTOR

Decided On September 22, 2011
Yarath Basheer S/O Haji Moosa Appellant
V/S
The State Of Karnataka By Cpi, Madikeri Rural Circle Rep. By State Public Prosecutor Respondents

JUDGEMENT

(1.) THE Appellant (hereinafter referred to as 'accused No. 1' has filed this appeal against, the judgment of conviction for an offence punishable under Section 302 IPC. Accused No. 1 and accused 3 and 4 were tried for offences: punishable under Sections 302, 114, 506 -II r/w 34 IPC in S.C. No. 72/2005, on the file of Fast Track Court, Kodagu at Madikeri. Accused No. 2 was absconding. Accused No. 2 could not be secured before the committal court. Therefore, the case against accused No. 2 was separated. Accused 3 and 4 were acquitted for offences punishable under Sections 302 c/w 114 and 506 -11 r/w 34 IPC. The State has not filed any appeal against the judgment of acquittal of accused 3 and 4.

(2.) WE have heard Sri A.H. Bhagavan, learned Counsel for accused No. 1 and Sri N.S. Sampangiramaiah, learned HCGP for State. We have been taken through evidence and the impugned judgment.

(3.) IT is the case of prosecution that there was longstanding enmity between accused No. 1 -Yarath Basheer and deceased Makki Ali. Accused No. 1 was a resident of Kunjeela Village. The deceased was a resident of Kolakeri Village. The distance between the two villages is three kilometers. PW24 -Makki Hamsa is the younger brother of deceased and he is also a resident of Kolakeri Village. On 17.04.2005 at about 6.30 p.m., the deceased and PW24 were travelling from Virajpet to their village in a private passenger bus called as "Jyothilakshmi Bus". When the bus stopped near Kunjeela Village Bus Stop, accused No. 1 entered the bus and assaulted the deceased, who was sitting on a seat near the hind door of bus. Accused No. 1 dragged the deceased from bus and assaulted the deceased with a chopper and caused multiple injuries. When the deceased was being shifted to the District Hospital at Mercara, he succumbed to injuries. PW24 lodged first information and set criminal law into motion. The Investigating Officer held inquest and subjected the dead body to post -mortem examination. PW16 -Dr. C. Chamundi conducted post -mortem examination and noticed the following injuries: