STATE OF KARNATAKA Vs. BYRAPPA

JUDGEMENT

(1.) THIS is one of unfortunate case, where it has ended in judgment of acquittal of the accused on account of non-examination of the injured smt. Narasamma and the Medical Officer.

(2.) THE accused-Byrappa and Byregowda and the injured-Smt. Narasamma are the husband and wife. The accused suspected the fidelity of his wife and on that ground, on 21/12/1999 at about 2. 00 p. m. , he assaulted her with a chopper, causing grievous injury to her legs and also severance of right hand. The "hoysala Police" headed by p. W. 7-S. C. Narayana, Assistant Sub-Inspector, coming to know of the incident, proceeded near the house of the accused and shifted the injured-Smt. Narasamma to K. C. General Hospital, Bangalore. After first aid, the injured was shifted to Victoria Hospital, bangalore. P. W. 8-Chandru, Sub-Inspector of police, on receiving the intimation from the victoria Hospital, proceeded there and recorded the statement of the injured-Smt. Narasamma and registered a case in Crime No. 605/1999 for the offence under S. 307,1. P. C. and forwarded the FIR as per Ex. P8 to the jurisdictional Magistrate. After completion of the investigation, filed charge sheet. The learned X Addl. City Civil and Sessions Judge, Bangalore City, in S. C. No. 270/2000 by judgment dated 7-4-2001, acquitted the accused. It is this judgment of acquittal, which is questioned in the present appeal.

(3.) WE were taken through the judgment and depositions by Sri P. M. Nawaz, learned government Pleader and also by Sri sharanappa Mattur, learned Amicus Curiae.