KRISHNA R. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the accused being aggrieved by the judgment and order of conviction dated 10.6.2010 passed by the Additional Sessions Judge and Presiding Officer, Fast Track Court-12, Bengaluru, in S.C. No.1020/2008 convicting the appellant for the offence punishable under section 307 of IPC.

(2.) Brief facts of the prosecution case as per the complaint Ex.P.1 is that P.W.1 one Mohan Kumar lodged the complaint alleging that about six months back, the complainant borrowed Rs.1,000/- as loan from one Krishna of S.R. Nagar, the appellant accused herein. As the complainant was residing in Kamakshipalya, it was not possible for him to come to S.R. Nagar and to repay the amount to him. About one month's back the said Krishna came to the house of the complainant and insisted for payment of the amount. The complainant told that he was not having money and he will pay the same after some days. For that the accused Krishna threatened the complainant that if he did not pay the amount, he will not spare him. The complainant was working under one Gopal and the said factory of Gopal was at Kamakshipalya and every week he used to come to S.R. Nagar and he has collected his salary. On 2.2.2008, at 8.15 p.m., the complainant was walking in front of Venkateshwar General Stores in order to get the amount from Gopal. The accused came and asking the complainant how many times he has to tell to pay his amount and he will not leave him and commit his murder and all of a sudden, took one slab stone and hit on the nose of the complainant and caused the bleeding injury. There was heavy bleeding and when complainant screamed and cried, people came there. Immediately, the accused went away by throwing the stones there and Gopal, the employer of the complainant immediately took the complainant to St. Johns Hospital and as the bed was not available in the said hospital, he was taken to Star hospital at HSR Layout and admitted there and form that day, as he was not in a position to speak, he is giving the statement on 5.2.2008. Hence, he sought to take action against the accused Krishna.

(3.) On the basis of the complaint, the case has been registered in S.R. Nagar police station, Bengaluru in Cr. No.15/2008 against the accused for the offence under section 307 of IPC. After conducting and completing the investigation, the police filed charge sheet against the accused for the offence under section 307 of IPC.