SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants/accused against the judgment of conviction and order of sentence passed on 16/11/2017 by the Principal City Civil and Session Judge at Bengaluru in S.C.No.585/2011 whereby the Trial court sentenced the appellants to undergo rigorous imprisonment for life for the offence punishable under Sec. 302 r/w Sec. 34 of IPC with a fine of Rs.10,000.00 each, in default of payment of fine, the appellants shall further undergo imprisonment for six months. Further the trial Court sentenced the appellants to undergo rigorous imprisonment for 10 years with fine of Rs.10,000.00 each for the offence punishable under Sec. 307 of IPC r/w Sec. 34 in default of fine. They shall undergo simple imprisonment for six months. Further the trial Court directed the appellants to undergo rigorous imprisonment for five years with fine of Rs.10,000.00 each for the offence punishable under Sec. 333 r/w Sec. 34 of IPC, in default of payment of fine, they shall further undergo simple imprisonment for six months.

(2.) Brief facts of the case are as follows:- The complainant was working as Assistant Sub-Inspector of Police in Railway Police Station, Bangalore. That on 7/11/2010, at about 3.00 p.m., he has lodged a complaint with an allegation that, some unknown persons have stabbed P.W.7 who was working as his colleague in the Railway Police Station. It is submitted that, P.W.7 was on duty on 7/11/2010 at the Railway Station. He received an oral complaint from some unknown persons stating that they had been robbed by some unknown miscreants a wrist watch and cash of Rs.100.00 from them. It is further submitted that, the unknown persons who lost their valuable have complained to P.W.7 and sought his help to trace the miscreants. P.W.7 had accompanied those persons and started searching the miscreants. It is further submitted that, the unknown complainants have identified the miscreants and told P.W.7 & the P.W.7 has tried to take the miscreants to the Police Station and held the collar of the miscreants. When the miscreants were being taken to the Police station, one of the miscreants took his knife out and stabbed on the stomach of the P.W.7 and caused injury. P.W.7 even though sustained injury, held the accused firmly and tried to drag the accused to the Police Station and again the accused assaulted with the knife on the hand of P.W.7, as a result, P.W.7 had to lose the accused. On seeing the assault being made by the accused to P.W.7, one Sardarji had rushed to rescue P.W.7 and tried to arrest the accused. In the scuffle, the Accused had stabbed on the chest of the Sardarji, though said Sardarji sustained grievous injury on his chest, he has managed to snatch the knife and hit the accused. Though the prosecution has stated, one more Sardarji had sustained injury in the scuffle, and had taken treatment at Commando hospital, he has not been examined. Again the Prosecution submitted that, immediately the staff of the Railway Police Force Police Station rushed to the spot and shifted the injured to the hospitals, the injured Sardarji succumbed to the injury and P.W.7 after having obtained the treatment had survived. However, the accused have escaped from the scene of occurrence.

(3.) On the basis of the complaint by PW.9 Hassan Khan, a case came to be registered in Crime No.129/2010 for the offences under Ss. 302, 307, 333 r/w Sec. 34 of IPC. The police have conducted investigation and filed the charge sheet against the accused persons for the above said offences.