V RAGHUYANE RAGHAVENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the Judgement and order of conviction dated November 22, 1983. passed by the Sessions Judge, Chitradurga, in Sessions Case No. 17 of 1983, on his file.

(2.) The appellant Raghu yane Ragha vendra [A-1] and his elder brother Murali [A-2] were jointly tried on the charge of the commission of offence of murder punishable under Ss.302 R/W 34 IPC for having intentionally caused the death of one Ramesh. The appellant was also further separately charged with the commission of the offence of murder punishable under S. 302 IPC. Murali was held to be not guilty of the charge of the offence levelled against him. The appellant was also held to be not guilty of the offence of murder punishable under S. 302 or S.302 R/W S. 34 IPC. He was, however, found to be guilty of the offence punishable under S. 304 Part II IPC and has been convicted and sentenced to suffer R.I, for a period of five years thereon, being aggrieved of which he has filed this appeal.

(3.) The facts of the case have elaborately been stated in the order and briefly stated are as follows: On Friday March 25,1983, deceased Ramesh went towards Santhepet Circle in Chitradurga town to purchase some fruits. PW-8 B. G. Swamy had accompanied him. Particular kind of fruits being not available, they together went to hotel of PW-14 Ramesh situated Holalkere road, a little away from Santhepet Circle. It was about 9-00 or 9-30p m. They had some tiffin and then came out and found that Raghu(A-1) & Murali(A-2) were quarrelling with their mother Narasamma by the side of the hotel. When deceased Ramesh intervened advising them not to quarrel there and to go home, Raghu retorted him back saying "who he was to tell him" and asked him to go his way. Thereupon, when deceased Ramesh asked Raghu to talk courteously, Raghu again retorted back him questioning about his audacity to interfere with his affairs. On that there was some exchange of words PW-8 who was all the while presented asked deceased Ramesh not to quarrel with them and took the deceased with him towards the Electrical Stores, but the accused Raghu went following and beat deceased Ramesh on his back. Deceased Ramesh stooped forward and fell down, as a result he sustained some minor injuries on his chin and forehead. As the deceased got up Raghu picked up some dried stem of a plantain bunch and beat him again with the same. When deceased Ramesh started going away running away from there, Raghu (A-1) and Murali (A-2) went following him and on the way Raghu (A-1) picked up a bottle from a nearby shop' broke it and holding one broken piece in his hand went chasing deceased Ramesh, caught hold of him at Gayathri Circle and stabbed with the broken bottle in the abdomen. As a result when deceased Raghu having sustained bleeding injury cried out as 'AMMA' and fell down, the accused ran away. PW-8 got frightened and went towards his house. PW-9 Jayanna having seen the dece ased going running away followed by the accused, also went upto Gayathri Circle and saw the accused so stabbing the deceased with a bottle. One Thippeswamy was also present. Both of them thereafter went to the houseof deceased Ramesh and informed about what had happened to his wife and parents. While going running towards his house, PW-8 informed about what had happened to his friend Suresh, and both, PW-8 and Suresh, together went towards the police station. But, before they went to the police station, on coming to know that the deceased was lying injured, PW-21 Head Constable Devendra Reddy went to the place of incident and found the deceased so lying injured in front of Syndicate Bank near a tamarind tree. When PW-19 Police Constable Ramanjaneya came thereon beat duty PW-21 directed him to take the injured to the hospital. Accordingly, PW-19 removed the deceased Ramesh in an autorickshaw to the hospital. After PW-19 removed the deceased to the hospital, PW-21 went back to the police station. PW-2 Dr. M. Shankarappa was on duty in the casua lity - ward in the hospital. The deceased was unable to talk, He admitted him for treatment. PW-8 thereafter appeared in the police station with his friend Suresh and orally complained about what had happened. In the meanwhile, when PW-20 N. B. Nanjappa, P.S.I., came to the police station, PW-8 gave him written complaint as per Ex, P-10. On the basis of the same PW-20 registered a case in Crime No. 21/83 for an offence under S. 307 IPC and issued F.I.R. to the Court as per Ex. P-23. He sent the F.I.R. with the complaint to the Court with police constable PW-17 Parashuramappa. Thereafter PW-20 went to the hospital, found the condition of the deceased was serious and he was not in a position to make any statement. He returned back and searched for the accused, but they could not be found. At about 7a.m, on March 26, 1983, he went to the hospital and having ascertained from PW-2 Dr. Shankarappa that the deceased was able to make statement, he recorded his statement as per Ex. P-3. He also thereafter seized the bloodstained pant shirt and knicker (MOs-6, 7 & 8) of the deceased under panchaname Ex. P-24. Later on, he went to the scene of offence and in the presence of PWs-8&9 he Prepared panchanama of the scence as per Ex. P-11 and seized thereunder bloodstained scrappings of the tar road' dried stem of plantain bunch and broken pieces of a bottle (MOs 2,3&4). Later on PW-22 M. Ramaiah, C.P.I., took up investigation of the case. He requested the Magistrate to record dying declaration of the deceased. Accordingly, PW-11 Chandraiah J.M.F.C., Chitradurga, went to the hospital and having ascertained the condition of the deceased from the Medical Officer on duty, recorded the statement of deceased Ramesh as per Ex.P-15, Later on when deceased Ramesh died in the hospital while under treatment at about 2-45 p.m, on March 26,1983, PW-20 the P.S.I, sent another F.I.R. to the court as per Ex. P-25 for the offence of murder. PW-22 the C. P. I., then went to the hospital, collected panchas including PW-15 Govindappa and held inquest proceedings over the deadbody of the deceased as per Ex. P-20 and made over the deadbody of the deceased to the Medical Officer for post-mortem examination.