BABAJAN MODINSAB TAHASHILDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal arises out of the judgment passed by the III Addl. District and C/C II Addl. District and Sessions Judge Dharwad in S.C.No.130/2010 by judgment dtd. 23/6/2012 wherein the appellant/accused was convicted for the offence punishable under Sec. 307 of Indian Penal Code(In short 'IPC') and sentenced to undergo rigorous imprisonment for two years and fine of Rs.1,000.00 and in default of payment of fine he shall further undergo rigorous imprisonment for one month. The appellant/accused is also sentenced to undergo rigorous imprisonment for two years and fine of Rs.1,000.00 (Rupees one thousand only) for the offence punishable under Sec. 326 of IPC and in default of payment of fine, he shall further undergo rigorous imprisonment for one month.

(2.) The appellant in this appeal was the accused before the trial Court. Appellant will be referred as per his rank before the trial Court for convenience. The brief case of the prosecution is that, the appellant/accused and PW.5 are husband and wife. PW.4-Salma is the wife of brother of accused by name Imamsab, who is complainant (PW-7) in this case. It is the case of prosecution that the wife of Imamsab-PW.7 by name Salma and the wife of accused by name Chandbee were quarreling everyday in the house for last two to three months before the date of offence in respect of some domestic work. Both the complainant and accused advised them not to quarrel with each other and not to bring disrespect to their house and cause disturbance in this family. PW.7-Imamsab and accused were frustrated by quarrel by their wives . It is the case of prosecution that on 16.08.2009 at about 12.30 midnight in the house of the accused which is situated at Annigere, the accused assaulted both PW.4-Salma and PW.5-Chandbee with a sickle and caused them in juries. They screamed for help. At that time quarrel was pacified by complainant PW7. Then, accused fled from the house. In jured were taken to hospital at Annigere and subsequently, they were sent to KMC Hospital, Hubballi. Thereafter, the SHO received the information and sent police constable to hospital, who recorded the statement of complainant as per Ex.P5 and registered the case in Crime No.115/2009 for the offence punishable under Ss. 324 and 307 of IPC and sent the FIR as per Ex.P.13 to the Court.

(3.) PW.16-K.C.Rayamane, PSI who was working as Sub-Inspector has received the phone call and he went to the said house and he found in jured both CW.7 Chandbi and CW.6-Salma and sent them in Ambulance to Annigere Hospital and thereafter to KMC Hospital, Hubballi. Their, he went to the scene of offence and drawn place of offence panchanama as per Ex.P.6 and seized sickle lying there as per M.O .4 and recorded statement of witnesses . He arrested the accused at Annigere cross. He also recorded the statement of injured witnesses . PW.16 seized the blood stained cloths of the in jured under panchanama Ex.P.7 and sent the seized blood stained material for examination of forensic science laboratory. Thereafter, he received wound certificate from the doctor as per Ex.P9 and P10 and received statement from Tahasildar. PW-16 also secured sketch of the place of offence, after completing investigation he filed charge sheet against the accused for the o ffence stated above.