SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order on sentence dtd. 23/2/2012 passed in S.C. No. 146/2010 by the II Additional Sessions Judge, Mysuru, convicting the appellant - accused for offence punishable under Sec. 307 of IPC sentencing to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.10,000.00 and in default to undergo simple imprisonment for a period of 6 months.

(2.) Factual matrix of the case is, that on 25/4/2009 at about 11.00 am when P.W.11 - victim lady was going on 6th Main Road, Vinayakanagara, the appellant - accused came in a Maruti Omni Car bearing No. KA-09-N-9174 from her hind side and came towards her right side and stood there and her attention was drawn towards the said car and she found that the door of the car was opened. The appellant - accused was sitting inside the said car and he virtually dragged P.W.11 - victim lady into the said car, kidnapped her and took her to a room situated in second floor of his residential house. In that room the appellant - accused put a plaster to her mouth, tied her hands on the hind side and started saying that she was the main person spoiling his reputation and also the reputation of his parents by using poisoning words to the people of Kumbara Koppalu who were intending to give a girl to marry him and that she was responsible for breaking of the said marriage of appellant - accused with the girl in Kumbara Koppalu. The appellant - accused having developed anger and enmity took out a knife and caused 7 injuries over the stomach around the umbilicus causing bleeding injuries. The appellant - accused had sent her out of the room and P.W.11 - victim lady came to the main road, with the help of a boy boarded the autorickshaw and contacted P.W.12 - Deepu who took her to the nearest hospital and she was admitted as inpatient in K.R. Hospital, Mysuru. She gave a statement and on that basis a case came to be registered against the appellant - accused in crime No. 74/2009 for offence punishable under Ss. 363 and 307 of IPC. The Police, after investigation, filed charge sheet against the appellant - accused for offence under Ss. 363 and 307 of IPC. The Magistrate took cognizance and committed the case to the Sessions Court for trial. The Sessions Court framed charge against the appellant - accused for offence under Sec. 307 IPC.

(3.) The prosecution has examined 15 witnesses as P.W.1 to P.W.15 and got marked Ex.P.1 to Ex.P.25. Ex.D.1 to Ex.D.8 have been marked during the cross-examination of the prosecution witnesses. M.O.1 to M.O.9 are marked. The statement of the appellant - accused under Sec. 313 of Cr.P.C. came to be recorded. After hearing arguments on both the sides the trial Court formulated points for consideration and convicted the appellant - accused for offence under Sec. 307 of IPC. Said judgment of conviction and order on sentence has been challenged by the appellant - accused in this appeal.