SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CONVICTED accused are in appeal against their conviction for the offences punishable under sections 323, 324, 307, 506(ii) r/w section 34 of IPC. Heard learned counsel Sri. Chaitanya Kumar Chandraki for the appellants and Sri. S.S. Aspalli, HCGP for State.

(2.) THE material allegation on the basis of which the police arraigned tried and ultimately convicted is based on report submitted by PW 2 Durgappa seeking action against the appellants for homicidal attack on his son -in -law Hanamaesh examined in the case as PW 4. In the report which he lodged at the jurisdictional police station on 13.07.2007 he mentioned that while he was in his house PW 5 Ranganath informed him that the accused were assaulting his son -in -law Hanamesh and thus he rushed to the spot. PW 7 Muttu alias Shivalingappa alias Channamallappa was at the spot who helped him to shift the injured to the hospital at Hutti Gold Mine. He alleged that the appellant No. 1 Shivakumar used club and hit on the head of Hanamesh while accused No. 2 Raju and accused No. 3 Raghu Nayak assaulted him with stones causing injuries in a homicidal attempt. He cited other persons as witnesses to the incident. It was registered in Cr. No. 130/2007 and after investigation final report was filed before learned JMFC in CC No. 22/2008 which after committal was registered in S.C. No. 45/2008 on the file of Prl. District Judge, Raichur. The case was assigned to Fast Track Court who put the accused to trial. The accused pleaded not guilty to the charge and in the trial that ensued, the prosecution examined 12 witnesses and relies on 08 documents and 03 material objects.

(3.) LEARNED trial judge, relying on the testimony of PW 4 Hanamesh corroborated by the evidence of PW 7 Muttu alias Shivalingappa alias Channamallappa accepted the evidence tendered by PW 6 Dr. Ravindranath and PW 9 Dr. Vishwanath Reddy as establishing the injuries to be grievous in nature and likely to be homicidal. On this base, the learned trial judge held prosecution has succeeded to establish in charge not only for offence under section 506(ii) of IPC but also for offence under section 307 of IPC regarding attack on PW 4. He also found him guilty of causing injury to other witnesses and thus convicted them for the said offences. Assailing it they are in appeal.