B ANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A. 1 is convicted for an offence Under Section 326 IPC. A. 2, A. 3 and A. 5 are convicted an offence Under Section 324 IPC. A. 4 was dead at the time of trial. The accused are acquitted of the offence Under Section 143, 148, 302 r/w. Section 149 IPC.

(2.) THE prosecution case discloses that for some time before the incident during night hours there used to be stone pelting on the house of A. 2. In that connection the accused suspected the deceased. Hence on 4-11-1993 at 8 p. m. all the accused carrying clubs and other weapons went to the house of deceased and questioned him. The deceased denied his role. The accused got enraged saying that by polite enquiries, he is not going to budge thus the accused persons assaulted the deceased with clubs on the neck, legs and on the face. P. W. 7 is the wife of deceased a witness to the incident. P. W. 1 and 2 sons of the deceased have gone to rescue. A. 3 assault P. W. 1. On the next day morning the deceased is admitted to hospital. It is found that the deceased had sustained fracture of both bones of left leg. P. W. 1 had sustained simple abrasion injuries. The statement of the deceased is recorded by the police and registered as FIR marked at ex. P. 1. In the course of the treatment on account of fat embolism, the deceased succumbs. The fir serves as dying declaration for the prosecution.

(3.) P. W. 1 to P. W. 7 testified to the incriminating circumstances narrated above. The evidence of the said witnesses proves beyond reasonable doubt the occurrence of incident. Besides the P. M. report and wound certificate Ex. P. 21 corroborates the prosecution version.