SANTHOSH M B Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the Judgment and Order dated 25.2.2010/3.3.2010 passed in S.C. No.59/2007 by the Fast Track Court, Puttur, Dakshina Kannada District. By the said Judgment and Order, Accused Nos.1 to 3 are convicted for the offence under Section 307 IPC and sentenced to undergo imprisonment for 10 years; Accused NO.1 was directed to pay compensation of Rs.2,00,000/ - to PW -2 and in default of payment of fine, Accused No.1 is directed to undergo imprisonment for 3 years in addition to 10 years of Rigorous Imprisonment. The compensation, if recovered is ordered to be disbursed to PW. 2 (the injured). Accused No.4 is absconding all through. His whereabouts are not traced. In view of absconding of Accused No.4, the trial of S.C. No.59/2007 proceeded only against Accused Nos.1 to 3 by splitting the case as against Accused NO.4.

(2.) CRIMINAL Appeal No.393/2010 is filed by the convicted Accused No.3; Criminal Appeal No.337/2010 is filed by the convicted Accused No.2; Criminal Appeal No.470/2010 is filed by convicted Accused No.1; In these three appeals, the convicted accused have prayed for their acquittal. Whereas Criminal Appeal NO.605/2010 is filed by the State praying for enhancement of sentence. Since all these appeals arise out of the very Judgment and Order of conviction and sentence, they are clubbed, heard and decided together.

(3.) THE case of the prosecution in brief is that PWs.1 and 2 are advocates practicing at Sullia; PW -2 is the husband of PW -1; that on 27.2.2007 at about 10 p.m. Accused Nos.2 to 4 came on motorcycle bearing Registration No.KA -21/J -5881 to the house of PWs.1 and 2 on the guise of taking legal advice; Accused No.2 remained on the bike with its engine on i.e., the vehicle was in the starting position; Accused Nos.3 and 4 came to the house of PWs1 and 2 and called PW -2; at that point of time, PW -2 was taking bath after returning from office; PW - 1 opened the door and told them that PW -2 is taking bath and asked them to come inside the house thinking that they are clients of PW -2; Accused Nos.3 and 4 however did not come inside the house of PWs.1 and 2, but remained outside the house; Accused No.3 was standing near the step of the house of PWs.1 and 2, whereas Accused No.4 was standing just in front of the house near the pillar; the accused No.3 and 4 requested PW -1 for water to drink; consequently PW -1 went inside the house for getting water; at that point of time, PW -2 came from inside the house near the door; suddenly Accused No.3 instigated and told Accused No.4 to splash acid on PW -2; Accordingly, Accused No.4 splashed acid which he had brought in plastic can on PW -2; Suddenly PW -2 dragged PW -1 inside the house and bolted the main door of the house from inside; Accused Nos.3 and 4 ran way from the house of PWs.1 and 2 and sat on the motorcycle which was in a starting position; Accused No.2 who was on the motorcycle went away on the motorcycle alongwith Accused Nos.3 and 4; the skin of PW -2 started burning because of the acid thrown by the accused; PW -1 also sustained certain injuries; PWs.1 and 2 raised hue and cry; on hearing the hue and cry, their neighbours PWs.4,5, 13 and one Mr. Ganapathy came to the house of PWs.1 and 2 who were told by PWs.1 and 2 about the incident; PW -2 changed his burnt dresses and went to Government Hospital, Sullia alongwith PW -1; The doctors at Government Hospital, Sullia provided first aid to PW.1 and thereafter he was referred to KVG Medical College Hospital, Sullia, wherein PWs.1 and 2 were treated; At about 00.15 hours intervening between 27.2.2007 and 28.2.2007 the Police came to the KVG Medical College Hospital wherein PW -1 gave first information Ex.P1. The doctors at KVG Medical College Hospital, Sullia told PWs.1 and 2 that they should take further treatment at AJ Hospital, Mangalore and consequently PWs.1 and 2 got themselves admitted to A.J. Hospital, Mangalore with the help of younger brother of PW -1 and Mr. Nalin Kumar (PW - 18).