NARAYANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal filed by the convicted accused/appellants is directed against the judgment of conviction and order of sentence dtd. 8/2/2017 passed in S.C.No.85/2014 by the Principal Sessions Judge at Tumakuru wherein accused No.1 convicted for the offence punishable under Ss. 302 and 324 of IPC and directed to undergo imprisonment for a period of four months and to pay a fine of Rs.10,000.00 for the offence punishable under Sec. 324 of IPC and in default to undergo simple imprisonment of one month. Further accused No.1 was directed to undergo life imprisonment along with fine of Rs.25,000.00 for the offence punishable under Sec. 302 of IPC and in default to undergo simple imprisonment for a period of one year. Appellant No.1 in this appeal is accused No.1 and appellant No.2 is accused No.2. However, the appeal against accused No.2 is dismissed as withdrawn.

(2.) The brief facts of the prosecution case are that, there was some civil dispute pending between accused No.1/appellant No.1 herein and his brother. In that regard, he requested the complainant i.e., PW.1 and his family members to give evidence in his favour before the Court. But, the complainant and his family members refused for the same and all along, accused No.1 was insisting on that regard and as such, they have submitted a representation to the police on that regard. It is further alleged that on 11/2/2014 in the evening hours at about 7.00 p.m., when the complainant i.e., PW.1-Krishnappa, PW.2-Made Hanumakka and the deceased in this case were passing in front of the house of accused No.1 in Bannikuppe village, within the jurisdiction of Hebbu police station, at that time, accused No.1 picked up quarrel with them alleging that they did not heed to his request to give evidence and on the contrary, they complained against him to the police. Hence, accused No.1 all of a sudden assaulted Mohankumar i.e., deceased by club on his head causing bleeding injuries. When the complainant-PW.1 was about to attend the injured Mohankumar, accused No.1 again attempted on the life of PW.1-Krishnappa by piercing a javelin on his right shoulder causing bleeding injuries. It is the further case of the prosecution that accused No.2 (not before this Court) has kicked PW.2-Made Hanumakka on her stomach and also assaulted by stone on her hand, stomach and back causing simple hurt to her. The accused have also abused PW.1- Krishnappa, PW.2-Made Hanumakka and Mohankumar in filthy language so as to provoke them to break public peace and criminally intimidated them. While Mohankumar was bleeding profusely, the persons, gathered at the spot, shifted him to the District Hospital, Tumakuru and after first-aid, he was shifted to NIMHANS, Bengaluru. However, without responding to the treatment, he succumbed to the injuries while undergoing treatment at NIMHANS Hospital on 14/2/2014 at about 6.00 p.m. i.e. after lapse of 4 days. The police visited the Government Hospital, Tumakuru when PW.1 was under treatment and recorded his statement as a complaint and registered the FIR as stated supra and subsequently, after the death of Mohankumar, the offence under Sec. 302 of IPC came to be incorporated. Thereafter, the Investigating Officer conducted the investigation by visiting the spot, drew up the mahazar, apprehended the accused and by recording the confession statement, recovery of the weapons has been made at the instance of the accused, which are said to have been used for the commission of the crime and after collecting necessary documents and other evidence, laid the charge sheet against the accused persons for the aforesaid offences before the committal Court.

(3.) After committal of the case to the Sessions Court, after securing the presence of the accused, the learned Sessions Judge framed the charges for the offence punishable under Ss. 324, 307, 302, 504 and 506 r/w Sec. 34 of IPC. However, the accused pleaded not guilty for the charges levelled against them and claimed to be tried.