NARASIMHA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction passed by Fast Track Court -IV, Bangalore Rural District, Bangalore dated 8th September 2010 passed in S.C.No.206/2009 is appealed against by the convicted accused.

(2.) THE case of the prosecution in brief is that PWs - 1 to 4 were living with deceased in a house situated within the limits of Thirumagondanahalli village in Doddaballapur Taluk, Bangalore Rural District. One Ganesha temple is situated at a distance from the house of deceased. It is an isolated house. Other houses in Thirumagondanahalli village are situated away from the house of the deceased. The said house is situated facing S.S. Ghati road. We hasten to add here itself that the distance between said road and the house of the deceased is about 20ft. On the date of the incident i.e., on the night of 9.1.2008, the deceased and his brother(PW -4) were painting a showcase in front portion of their house with a view to establish a petty shop; at about 10.30 p.m., PW -4 went inside the house for sleeping; consequently the deceased alone was painting the showcase in front of the house; after hearing cries of the deceased, PW -4 rushed outside by opening the door and found the deadbody of his brother with bleeding injuries; he found four persons surrounding the deadbody and all the four persons were holding choppers; another person was standing outside the house watching the incident; PW -4 was caught hold by four accused persons and he was also assaulted. He sustained fracture of 5th left metacarpal bone. However, the accused threatened PW -4 with dire consequences by showing choppers; the accused forced PW -4 to tell the inmates of the house to open the doors of the room.

(3.) IN order to prove its case, the prosecution in all examined 20 witnesses and got marked 17 exhibits and 14 material objects. On behalf of the defence, no witness was examined and no exhibit was marked. The trial Court on evaluation of the material on record convicted the accused for the offences punishable under Sections 396 and 397 IPC.