BABU NAIK AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 30.09.2009 passed by the Fast Track Court-I, Ballari in SC No.111/2008 is called in question in this appeal.

(2.) By the said judgment and order of conviction, the appellants/accused herein, have been convicted for the offence punishable under Section 307 read with 34 of IPC and they have been acquitted of the offence punishable under Section 504 read with 34 of IPC.

(3.) Brief facts of the prosecution case as per the complaint averments are that PW4-Mukunda Naik lodged a complaint in this case as per Ex.P4 alleging that on 10.03.2008 at about 6.15 p.m. Ramu Naik-PW6, Chandra Naik-PW1 and himself all the three went to Belgal Cross and Rama Naik PW5 came to them and told that he has given money to accused to perform the marriage of accused No.1- Babu Naik and even though he has requested for the repayment of the said amount, accused No.1-Babu Naik has not at all repaid the amount in spite of repeated request and he requested the complainant and others to get the amount return from accused Nos.1 Babu Naik. Then they all proceeded towards the Cowl Bazaar where accused No.1- Babu Naik was residing in B.D. Quarters and it was 6.45 p.m. There, Babu Naik accused No.1, his elder brother Govinda Naik-accused No.2 and other family members were present and at that time PW5-Rama Naik told accused No.1 though he has given amount for performing the marriage of accused No.1 and in spite of expiry of three years he has not returned the said amount. Hence, PW5 told him that he came from the village and till he make payment he will not go back. For that, accused No.1-Babu Naik told which is that amount and also told that he has not helped for his marriage financially and he is not due to pay any amount to him. At that time the complainant, PW6 and PW7 also told accused No.1 to pay the amount to PW5. At that time PW5 also told Babu Naik-accused No.1 why he is telling falsity, for that in turn accused No.1 abused the Rama Naik-PW5 in filthy language stating that he will not leave him and he will cause his death. Again PW5-Rama Naik insisted accused No.1 that till he make the payment he will not leave the place. At that time accused No.1-Babu Naik abusing PW5 brought one iron pipe from his house and assaulted on the head of PW5-Rama Naik on the head portion and caused bleeding injury. PW5-Rama Naik screamed stated that Satthenappa. Then complainant and others went to the rescue of PW5, at that time also accused No.1-Babu Naik said that he will finish of PW5-Rama Naik. Then accused No.2-Govinda Naik also came there and he took the iron pipe from the hands of accused No.1-Babu Naik and he also assaulted PW5-Rama Naik on his head with the pipe and caused the bleeding injury. Then Rama Naik fell down and he was getting giddiness then he was taken to VIMS hospital at Ballari. Hence, PW4 lodged a complaint against the accused persons. On the basis of the said complaint a case has been registered in Cowl Bazaar police station in Crime No.23/2008 for the alleged offence punishable under Section 307 read with 34 of IPC.