VIVEK Vs. HASHARAJ AND OTHERS

JUDGEMENT

(1.) THIS revision is directed against the order dated 22.02.2012 in S.C. No. 6/2010 passed by the Fast Track Court, Kundapura. Petitioner lodged a complaint with the respondent police and the same came to be registered for the offences punishable under Sections 498A, 323 and 306 IPC. After investigation charge sheet is filed in S.C. No. 6/2010. The prosecution examined PW. 1 to PW. 24, got marked Exs. P1 to P39 and M.O. 1 to M.O. 19. When the matter was set down for further evidence on the side of prosecution, the respondent police filed an application under Section 216 Cr.P.C. to frame additional charge under Section 302 IPC r/w 34 IPC. The Sessions Judge after hearing arguments on both the side passed the impugned order dismissing the application. Hence, this revision petition by the complainant. Heard arguments on both the side and perused the entire petition papers.

(2.) PW . 16 is the Doctor and Ex. P.33 is the opinion of the Doctor. In this opinion it is stated as under: The contusions mentioned in the post mortem report have occurred as a result of blunt force impact, the specific manner of causation of these injuries cannot be furnished. However, in view of multiple contusions present on the body the possibility of physical violence cannot be ruled out.