DINESH SHASTRI Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed by the convicted -accused who faced trial for the charges punishable Under Section 452, 324, 326 and 307 Indian Penal Code and was convicted for the offences punishable under Sections 452, 324, 326 and was acquitted for the offence punishable under of Section 307 Indian Penal Code.

(2.) IN brief, the case of the prosecution is one Smt. Indumathi, D/o. Laxminarayana PW -2 and the present Appellant were the classmates while pursuing Masters degree in Sanskrit at Katil Colege. The evidence of the prosecution witnesses further point out that Appellant was very much interested in getting married to Indumathi. In tis regard, some disputes and misunderstandings seems to have erupted between the Appellant and the complainant's party. A criminal case also was registered on earlier occassion in CC No. 565/1999 for the offences punishable under Section 448, 323 and 506 Indian Penal Code against this Appellant alleging that he went to the school of Smt. Indumathi, dragged her out of the school holding her hand and injured her after threating her with dire consequences, if the refuses to marry him. In the said case, he was also convicted to undergo Simple imprisonment for 3 months and to pay a fine of Rs. 300/ -.

(3.) SO far as the actual incident is concerned, we have the evidence of P Ws. 1 to 3, the inmates of the house of Lakshminarayana Bhat. PW -5 is the neighbour who goes to the spot after the incident and saw the accused at the spot. PW -6 is the auto driver who took the accused -Appellant in his Auto to the house of PW -2. PW -5 and 12 are the Doctors who treated the accused. PW -7 is the relative of the aomplainant who speaks about his knowledge regarding the incident and his visit to the hospital. PW -8 is the Doctor who treated PW -2. PW -9 is the husband of PW -1 and S/o. PW -2. PW -10 is the carrier of First Information Report, PW -11 is the police who carried sealed articles to FSL, Bangalore, PW -13 is the Doctor who treated PW -1, PW -14 And 16 are the official witnesses from FSL. PW -15 is one who registered the case against the accused and sent First Information Report. PW -Rs.7 is the Doctor who collected blood of the accused for grouping. PW -18 is the Investigating Officer who completed the investigation and filed the charge sheet.