NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the Judgment dated 19.06.2006 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge, Bangalore in SC No. 45/1998 convicting the appellant/accused for the offence under Section 304 -Part -II of IPC and sentencing him to undergo simple imprisonment for three years and to pay fine of Rs. 5,000/ -, in default to undergo imprisonment for three months. It is the case of the prosecution that, on 09.10.1997, at about 5.30 p.m. within the compound of Multi -storied Building near Vidhanasoudha within the limits of Vidhanasoudha police station, accused committed murder of the deceased -Manjunatha intentionally by assaulting him with a club and kicking him on his stomach and thereby, he is alleged to have committed an offence under Section 302 of IPC.

(2.) THE prosecution in order to prove the case has examined in all 15 witnesses and got marked Exs. P1 to 15 and produced Mos. 1 to 7. The defence of the accused was one of total denial. However, by the impugned Judgment the learned Sessions Judge was pleased to convict the appellant and sentence him as herein above mentioned. It is this judgment of conviction and sentence for the offence under Section 304 -Part -II of IPC which has been challenged by the appellant in this appeal.

(3.) IT is the case of the prosecution that, the said injured -Manjunatha had been taken to the Manipal Hospital after being taken to Maruthi Hospital and PW.13 Dr. Srikanth has stated that, on 10.10.1997, the injured -Manjunatha was brought to the hospital at about 10.20 a.m. with a history of alleged assault. Prior to his coming to the hospital injured Manjunatha was treated in two other hospitals namely Bowring Hospital and Maruthi Nursing Home. At the time of admission of the said person was observed to have features suggestive of peritonitis and septicemia. However, there were no obvious evidence of external injuries on the person of the patient. It is stated by PW.13 Dr. Srikanth that an emergency operation was conducted on the injured -Manjunatha. Thereafter, though proper treatment was given to the injured, on 20.10.1997, Manjunatha died at about 7.50 a.m. Thereafter, a case for an offence under Section 302 of IPC was registered by the police and after completion of the investigation by the police, charge sheet came to be filed.