BALAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.10 .2016 passed by the IV Additional District and Sessions Judge, Doddaballapura in S.C .No .10005/2014 convicting the accused for the offence punishable under Sec. 302 of IPC and sentencing him to undergo life imprisonment and fine of Rs.5 ,000.00 with default imprisonment for a period of two years.

(2.) The name of the deceased is one Ramu @ Ramesh who was working as a watchman o f the pushcarts in the bus stand. The accused was a cleaner in a hotel. PW1, who was a private bus loader in Doddaballapura bus stand, gave a report of the incident dtd. 12/11/2013. He reported to the police that around 02.45pm on 12.11 .2013, he saw the deceased and the accused quarreling with each other and in the course of quarrel, the accused inflicted an in jury on the neck of the deceased Ramu @ Ramesh and fled that place. Immediately PW1 and other two or three persons went there. He saw Ramu @ Ramesh being dead. The investigation led to filing of charge sheet against the accused.

(3.) Of the 20 witnesses examined by the prosecution, PW1, PW2, PW3 and PW6 are the eye witnesses. PW4 and PW7 are the witnesses to spot mahazar drawn as per Ex.P.4. PW8 and PW9 are the witnesses to seizure o f blood stained clothes of accused in the police station under the mahazar, Ex.P.9. PW15 was the doctor who conducted post mortem examination. PW2, PW3 and PW6 turned hostile.