S. PRASAD KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant -accused, being aggrieved by the judgment dated 21.1.2010 and sentence dated 23.1.2010 passed by the Fast Track Court II, Bengaluru City, in S.C. No. 475/2007, has preferred the present appeal challenging the correctness and validity of the judgment on the grounds mentioned at (a) to (z) of the appeal grounds.

(2.) THE case of the respondent -prosecution is that P.W. 5 -Raghaveni filed a complaint as per Ex. P.4 alleging that she is residing in the address mentioned in the complaint. One Prasad Kumar the accused herein, resident of Ramamurthy Nagar, Gundappa Layout, was earlier serving as a driver under the father of the complainant and at that time, he was insisting the complainant and her sister to marry him. Thereafter, the father of the complainant removed him from the said work. On 14.11.2005, because of the misbehaviour of the said Prasad Kumar, sister of the complainant filed a complaint against him. Due to these reasons having enmity towards complainant and her family, on 9.4.2006 at 6.00 a.m. when the father of the complainant was not in the house, the said Prasad Kumar all of a sudden entered into the house and assaulted the complainant and her mother with knife. When Suresh, the neighbour came to the rescue of the complainant and her mother, the accused ran away. The complainant sustained injuries on her neck and also on her limbs and there were bleeding injuries. The mother of the complainant also sustained bleeding injuries to both of her hands. The accused posed life threat to the complainant and her mother that he will finish of them. Hence, she requested to register the complaint, and herself and her family members may be given protection and appropriate legal action may be taken against the accused person. On the basis of the said complainant, the case was registered against the accused for the alleged offences under Sections 448 and 307 of IPC.

(3.) I have heard the arguments of the learned Senior Counsel appearing for the appellant -accused and also the learned High Court Government Pleader appearing for the respondent -State.