DEVADAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant was arraigned as accused No.2 in S.C.No.202/2007. Accused No.1 -Dashrath Singh died during the pendency of the case. Accused No. 2 was tried for offences punishable under Sections 323, 504, 324 and 306 IPC on the allegations that on 16.2.2006 between 10.00 and 11.00 a.m., accused No.2 being the Assistant Sub -Inspector of Paper Town Police Station, Bhadravathi assaulted PW.1 - Basavaraj and his father Siddappa (since deceased) with a plastic pipe and caused hurt to them thereby committed an offence punishable under Section 324 of IPC. The accused assaulted, humiliated and tortured Basavaraj and his father Siddappa. The torture and humiliation meted to said Siddappa was unbearable, therefore, Siddappa committed suicide in Bhadravathi Paper Town Police Station during the intervening night of 16/17.2.2006. Accused No.2 by his conduct had instigated the deceased to commit suicide thereby accused No.2 committed under Section 306 of IPC.

(2.) THE crucial points for determination are:

(3.) I have heard Sri.R.B.Deshpande, learned counsel for the accused and Sri.B.Visweswaraiah, learned Government Advocate for the State.