RAMESH S/O RAJAMANIKYAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment and order dated 28.9.2006 rendered by the Fast Track Court-IX, Bangalore City, in S.C.Nos.713/2004, 91/2006 and 359/2006, whereby the appellants were convicted for the offence punishable under Sections 147, 448, 302 and 506 r/w 149 of IPC. The trial Court sentenced them to suffer life imprisonment with fine of Rs.1,000/- each, in default, to undergo, S.I. for six months for the offence punishable under Section 302 of IPC. They were also sentenced to undergo R.I. for a period of two years for the offence punishable under Section 147 and one year under Section 448 of IPC. Further, the appellants were sentenced to undergo R.I. for a period of two years for the offence punishable under Section 506 of IPC. All the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is as follows: one Neelam, the complainant in the present case, was working with one tiles contractor. Accused Nos.1 and 2 were working under him. On 31.7.2004 at about 8.30 to 8.45 p.m., accused Nos.1 and 2 went to his (Neelam) house and asked for their wages. The complainant-deceased told accused 1 and 2 that his master had not given him their wages and that he would pay them the next day. The accused, however, insisted for payment of their wages. When the complainant-deceased told them that he had no money, accused No.1 Ramesh caught hold of his shirt and pulled him and also abused stating that they would not leave him if he did not pay their wages. The deceased pushed accused No.1. Accused No.1 left the place and immediately returned with his friends, accused Nos.2 to 6 in the case, and assaulted the complaint-Neelam with feast and kick blows in the presence of his wife Thanga (PW4). When she tried to rescue her husband, they assaulted her also. The incident was also witnessed by his children (PWs.5, 6 and 7). The complainant deceased sustained injury to his abdomen and as a result thereof, he had severe pain in the abdomen. On 1.8.2004 he was admitted in Dr. Ambedkar Medical College Hospital. He was in the hospital till he died on 18.10.2004. During this period he underwent two operations. According to Dr.Devadas (PW13), he died due to Septicaemia as a result of peritomitis consequent upon blood injury sustained to the abdomen.

(3.) Immediately after the occurrence a statement of Neelam was recorded and it was treated as an FIR. A crime was accordingly registered on the basis thereof bearing Crime No.194/2004. The investigation was carried out by PW16 and after completing the investigation submitted charge sheet before the JMFC. The case was thereafter committed to the Sessions Court. During trial, the prosecution in order to bring home the guilt of the accused, examined 17 witnesses and placed several documents and material objects on record in support of its case. The witnesses examined by the prosecution in support of its case are: Smt.Thanga (PW4), wife of the deceased; Satish (PW5), son of the deceased; Sukanya (PW6), daughter of the deceased; Dr.P.K.Devadas (PW13), who conducted post mortem; Dr.K.Harish Reddy (PW14), Casualty Medical Officer, who issued memo to the police informing them about the admission of the deceased; and Dr.Shivaswamy (PW17) who treated the deceased in the Victoria Hospital.