STATE OF KARNATAKA Vs. SUDHAKAR @ SHANKAR

JUDGEMENT

(1.) The State has filed this appeal under Section 398 (1) and (3) of Cr.P.C. challenging the judgment and order dated 27.11.2006 passed by the Presiding Officer, Fast Track Court - VIII, Bangalore City, in S.C.No.761/2005 dated 27th November, 2006 acquitting the respondent/accused for the offence punishable under Section 302 of IPC.

(2.) On the charge sheet filed by Sanjay Nagar Police against the respondent/accused for the offence under Section 302 of IPC, he was tried for the aforementioned offence.

(3.) It is the case of the prosecution that on the early morning at about 3 a.m. on 20th May, 2005 the accused was passing urine in front of Physic Security Office near Canara Bank, Ashwath Nagar within the limits of Sanjay Nagar Police Station. At that time, the deceased Nagendra, who was discharging his duty as a Security Guard in Physic Security Office, obstructed the accused to attend nature call in front of his office. The accused started to run from the place and when the deceased was chasing him near Star Chicken Center in 80 feet road, the accused revolted against the deceased and snatched the lathi of the deceased from his hand and assaulted him till the lathi broken and thereafter, he took a size stone, which was lying on the heap of the sand by the side of the road and assaulted the deceased by throwing the stone on the head, which resulted in fatal injury to the deceased. The deceased Nagendra was shifted to M.S.Ramaiah hospital for treatment, where he succumbed to the injuries at about 4 a.m.. This incident was witnessed by one Sarang, Krishnend - PWs.15 and 14 and one Shankarji Das -CW.9 from the balcony of the building situated behind the Physic Security Office, who shifted the deceased to M.S.Ramaiah Hospital. Based on the same, the case was registered in Crime NO.208/2005 by Sanjay Nagar Police on the complaint lodged by one Ashwath, Security, working in Physic Security.