STATE OF KARNATAKA Vs. HENRY

JUDGEMENT

(1.) THE judgment and order of acquittal dated 7.1.2012 passed by the Principal Sessions Court, Kolar in Sessions Case No. 21/2011, is called in question in this appeal by the State.

(2.) CASE of the prosecution in brief is that the deceased and the accused were in inimical terms; the accused was asking beedi from one Jaffer (P.W.5) who was running a petty shop; since money was not paid to Jaffer, he refused to give beedi to the accused; in that context, deceased Parthasarathi who was standing in front of shop of Jaffer told the accused that he should not ask money from others; being enraged by such utterances of the deceased, the accused pushed the deceased to the ground and threw a size stone M.O. No. 1 on his head, consequent upon which, the deceased sustained bleeding injury on his head. The houses of P.Ws.1 and 2 is situated just near the shop of Jaffer; on hearing the cries of the deceased, P.Ws.1 and 2 rushed to the spot and saw the accused throwing stone on the head of the deceased at 7.30 p.m. on 2.11.2010; immediately thereafter, the accused went away from the scene; P.Ws.1 and 2 along with others shifted the injured to Adarsha hospital in a Tata Sumo vehicle; the Doctors of Adarsha hospital in turn instructed P.Ws.1 and 2 and others to shift the deceased to General Hospital at K.G.F. Accordingly, the victim was shifted to General Hospital, K.G.F., wherein he succumbed to the injuries at about 8.30 p.m.

(3.) THE learned advocates on both sides argued in support of their respective cases.