KEDARGOUDA PAMPANAGOUDA PATIL Vs. MALLANAGOUDA NINGANGOUDA CHIKKARADDI

JUDGEMENT

(1.) In this petition filed Under Section 397 r/W.S. 401 Cr.P.C., the challenge is to an order made by the JMFC, Ron, on 4-12-82 in C.C. 658/82 on his file issuing process to the petitioner for an offence under Sec. 302 r/w. 109 IPC.

(2.) In order to appreciate the contentions raised by the petitioner in the matter, a few facts which are not in dispute may be stated : The proceeding in the court below in C.C. 658/82 was initiated by the first respondent Mallanagouda by filing a complaint therein under Sec. 200 Cr P.C. (Code) His case was that 4 persons mentioned in his complaint as Accused 1 to 4 had during the night between 13th and 14th of March 1982 at Arahunshi, Taluk Ron of District Dharwad assaulted Shantavva and Basanagouda and that due to that assault Shantavva had sustained injuries and Basanagouda had died : that they had done so at the instance of the 5th accused Kedargouda (petitioner herein); that the Ron police who had registered a case for these offences, after investigation, had placed their final report in the court showing only the first four as the accused and omitted the 5th accused ; that therefore he had preferred this complaint directly to the court so that the court may take cognizance of the offence against the 5th accused also and further proceed in the matter.

(3.) The J M.F C. taking cognizance of this complaint under Sec. 200 of the Code recorded the sworn statements of the complainant Mallanagouda and 3 others, Kamalavva, Shantavva and Appanna. On examination of that material, and, being of opinion that there was sufficient ground to proceed against the 5th accused (the petitioner herein) also in the case, issued process on 4-12-1982 to him for the aforesaid offence.