SULTAN S/O. WAZEER ALI Vs. THE STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, MANCHENAHALLI POLICE, GOWRIBIDANUR TALUK, CHIKKABALAPURA DISTRICT

JUDGEMENT

(1.) THE Petitioner has been arraigned as Accused No. 1 in Crime No. 68/2011 of Manchenahalli Police Station in Chikkaballapura District, registered for the offences punishable under Sections 323, 324, 307, 506 R/w. Section 34 of Indian Penal Code.

(2.) ACCORDING to the case of the prosecution, the Petitioner had purchased stones worth about Rs. 30,000/ - from the son of the complainant Mohammed Abraham about two years prior to 15.04.2011 and towards the same, the Petitioner herein had paid only Rs. 10,000/ - leaving a balance of Rs. 20,000/ -. Though the complainant and his son were repeatedly demanding the Petitioner herein to pay the balance sum of Rs. 20,000/ -, he had not paid the same. Off late, when the complainant demanded the Petitioner to pay the money, he was threatening the Petitioner with injury to his life if demand was made for payment of money. On 15.04.2011 at about 12.00 noon, when the complainant met the Petitioner and demanded money the Petitioner threatened to kill him. At about 5.00 p.m. on the same day, when the complainant was in his shop, the Petitioner herein came there, called the complainant to come out of the shop and since, the complainant did not come out, the Petitioner held the complainant, dragged him but of the shop and tried to assault the complainant on the head with a chopper with an intention to kill him. However, the complainant tried to escape the blow by raising his hands, consequently the blow fell on his left hand fingers, as a result of which, he sustained severe injuries on the fingers of his left hand. At that time, other accused joined the Petitioner herein and assaulted the complainant and on seeing the neigh bourers coming there, the Petitioner and other assailants ran away from the place. Thereafter, the injured complainant was brought to Government Hospital at Gowribidanur and while he was taking treatment in Gowribidanur Hospital, at about 10.50 p.m. on the same day, his statement about the incident was recorded and on the basis of the recorded statement, case came to be registered.

(3.) THE petition is opposed by the Respondent -State.