STATE Vs. CHAITANYAGOWDA

JUDGEMENT

(1.) THE State has filed this appeal against acquittal of respondent/accused for offences punishable under Sections 354, 307 and 506, IPC. 2.THE learned trial Judge framed the following charges: 1. That you were in the habit of talking to CW.1 Smt. Shanthamma over phone is obscene language for past three months prior to 4.10.2001. So on 4.10.2001 at 7 p.m. you went near the house of CW.1 at Halahally, Mandya held her hand and insisted that you should have sex with her, when Shanthamma refused forcefully you put your hand on her saree and dragged her and thus outraged her modesty and thereby committed an offence punishable under Section 354, IPC and with in the cognizance of this Court.

(2.) SECONDLY, on the above said date, time and place you with an intention of committing murder of CW. 1 took a size stone lifted it and dropped it on her head, when she escaped and you did the said act knowing fully well that by act if death had taken place, you would have been guilty of murder and thereby committed an offence punishable under Section 307, IPC and with in the cognizance of this Court.

(3.) WE have heard Sri N.S. Sampangiramaiah, learned Government Pleader and Sri B. Anand, learned Amicus Curiae for respondent/accused. WE have been taken through evidence and the impugned judgment.