S. VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is accused No. 4 for the offence punishable under Ss. 341, 120B, 143, 147, 148, 149, 302 and 307 of the Indian Penal Code and under Ss. 25 and 27 of the Arms Act, 1959 in a case registered in Crime No. 244 of 2012 by Nelamangala Town Police Station, Bangalore District.

(2.) It is submitted that the investigation is complete and charge sheet is filed. It is stated in the charge sheet that this petitioner has used jack spanner to assault on the head and caused crush injury resulting in death of the deceased.

(3.) The learned counsel for the petitioner submits that what is referred in the charge sheet is about the using of jack spanner causing crush injury is not correspondingly referred in the post -mortem report. In the post -mortem report produced by both the learned counsel, the injury No. 6, 7 and 8 are the injuries which are caused by using sharp -edged weapon. Admittedly, this petitioner, who according to the investigating officer, has used jack spanner causing crush injury and as per the opinion of the Doctor, the death caused due to shock and hemorrhage consequent to head injuries sustained. It is further submitted that the charge sheet, post -mortem report and the opinion of the Doctor if jointly read, it gives the opinion that the death is attributable to accused No. 1 to 3 who committed the murder and not this petitioner -accused.