GOVINDAPPA, S/O LATE MARAPPA Vs. THE STATE OF KARNATAKA, BY CIRCLE INSPECTOR OF POLICE AND THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT

JUDGEMENT

(1.) IN this writ petition, Petitioner is challenging the proceedings in S.C. No. 672/2009 and the judgment pronounced in the said case on 28.02.2011.

(2.) A criminal case in Crime No. 348/2007 was registered against the Petitioner under Sections 323, 504 and 506 I.P.C. As the victim subsequently died, Petitioner was charged for the offence under Section 304 I.P.C. After the matter was committed to the Sessions Court, the Fast Track Court, Bangalore, framed charges and the trial has taken place. After trial and after hearing the arguments, the matter was posted for judgment on 28.02.2011. The judgment was pronounced in the open court. The accused has been convicted for the offence punishable under Section 304 Part II of I.P.C. After pronouncement of the judgment, the learned Presiding Officer has passed the following order in the order sheet. After pronouncement of the judgment, the accused ran away. Hence, intimate the same to the concerned Police Inspector to secure and produce the accused by 01.03.2011.

(3.) SINCE the contention urged by the Petitioner was contrary to the records of the Court, this Court was not inclined to accept the said assertion made by the Petitioner. But the learned Counsel for the Petitioner Mr. Armugham filed his own affidavit stating that the accused was not present when the order of conviction was passed and that as he himself is defending the accused in the Trial Court, he is swearing to the said fact. Having filed the said affidavit, he made a fervent plea before the Court that the accused who belongs to economically weaker section is likely to be now tortured and harassed by the police, if he is taken into custody to be produced before the Court, for no fault on his part. He further submits that the accused is prepared to appear before the Court voluntarily so that an opportunity can be given to him to have his say before the sentence is passed.