VIJAYAKUMAR Vs. STATE BY ARASIKERE

JUDGEMENT

(1.) PETITIONER has been arraigned as accused No.1 in Spl.C.No.211/2012 pending before the Sessions Court at Tumkur. Petitioner and another are accused of having committed offences punishable under Sections 302 r/w Section 34 IPC.

(2.) THE accused persons are alleged to have committed murderous assault on one Shivanna, at about 9.30 p.m., on 01.06.2012, causing him internal injuries to which he later succumbed on 13.06.2012 in the hospital. In respect of this incident CW1 Mallikarjuna who was stated to be an eye witness lodged a report, based on which case came to be registered initially for the offences punishable under Sections 323, 324, 504, 506 r/w Section 34 IPC against this petitioner. Subsequently, during investigation the complicity of accused No.2 was stated to have been revealed. Therefore, he was arrayed as an accused. During investigation, this petitioner was apprehended and later subjected to judicial custody. According to the allegations, at about 9.30 p.m., on 01.06.2012 deceased Shivanna and his brother-in-law Mallikarjuna were proceeding towards the shop of one Ramakrishna Shetty in Madde village to purchase beedi; the petitioner who came from the opposite direction, demanded the deceased to repay the loan of Rs.50.00 borrowed from him. However, deceased expressed is inability to pay the money at that time, stating that he does not have money and that he would repay the money in the morning. However, petitioner quarreling with the deceased picked up a stone lying there and by abusing him in filthy language assaulted him on the face, hind portion of the head, left side of the rib cage, left shoulder and other parts of the body and after felling him on the ground twisted his left hand. At that time, CW1 and others pacified the quarrel, shifted the injured Shivanna to the hospital in an ambulance van. On production of this petitioner before the learned Magistrate he was remanded to judicial custody. His application filed for grant of bail before the learned Sessions Judge came to be rejected. Therefore, he is before this Court. In the meanwhile, on completion of investigation charge sheet came to be filed and the matter has been committed to the Court of Sessions.

(3.) I have heard both the sides and perused the records made available.