RAMAKRISHNA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 18.01.2012 passed by the learned Addl. Sessions Judge, Mandya, in S.C. No. 5/2010, is called in question in this appeal by the convicted accused.

(2.) The trial court, by the impugned judgment has convicted A -1 for an offence punishable under Sec. 302 of IPC; A -2 & A -4 for the offences punishable under Ss. 324 and 504 of IPC; and A -3 for the offences punishable under Ss. 323 & 504 of IPC.

(3.) Case of the prosecution in brief is that the dispute was existing between the accused and the deceased in respect of a chit transaction; at about 1 a.m., on 03.09.2009, accused came to the house of the deceased and picked up quarrel with him and his son; accused Nos. 2 to 4 scolded the deceased in filthy language and used criminal force against him; accused No. 1 assaulted the deceased with a club on his left portion of the head, consequent upon which, the deceased sustained bleeding injuries; accused No. 2 also assaulted the deceased on his eyes with a club; accused No. 3 assaulted the deceased with hands and accused No. 4 snatched the club from the hands of accused No. 2 and assaulted the deceased on his nose. PW -1 (the complainant) and her son (CW -3) rescued the deceased Cheluvegowda and took him to K.R. Pet Govt. Hospital. Thereafter, he was shifted to K.R. Hospital, Mysore, for higher treatment. The injured succumbed to the injuries at about 4.45 a.m., In the meanwhile, at about 3 a.m., on the same day, complaint came to be lodged by PW -1 before the Sub -Inspector of Police at K.R. Pet police station as per Ex. P1, which came to be registered in Cr. No. 219/2009 for offences punishable under Ss. 504, 323, 324, 307 r/w 34 of IPC. The FIR as per Ex. P19 was prepared and was sent to the jurisdictional Magistrate. PW -12 Inspector of Police has completed the investigation and filed the charge sheet.