K S VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner faced trial for offences punishable under Ss.279, 337, 338 and 304-A of the Indian Penal Code, 1860 (for short "IPC"). The petitioner was found guilty and was convicted by the learned Magistrate and was imposed various sentences, which were directed to run concurrently. The maximum sentence imposed was one year imprisonment and fine of Rs. 2,000/- for the offences under Ss.279 and 304-A IPC. In case of default to pay the fine amount, sentence of simple imprisonment for a period of 3 months was imposed.

(2.) Background facts of the case in a nutshell are as follows:

(3.) Prosecution, in order to prove the accusation, examined the injured and the eye-witnesses, a doctor who conducted the postmortem on the bodies of deceased Thimmaiah and Shankar, one Ameer Jan, the spot mahazar witness and B.B. Rajanna, the Investigation Officer, who had conducted the investigation in part. With consent, inquest mahazars of deceased Thimmaiah, Shankar and Ambarish and the Postmortem report of deceased Ambarish was marked. The prosecution, to bring home the guilt of the accused, examined 22 witnesses and marked Exs.P.1 to P.16. Incriminating materials were put to the accused by examining him under S.313 of Cr.P.C. It is a case of denial. Later, accused deposed as DW-1.