RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 5.3.2011 passed by the XIII Fast Track Court, Bangalore City in S.C. No. 844/2009 is called in question in this appeal by the convicted accused.

(2.) Case of the prosecution in brief is that, the deceased, accused, complainant (P.W. 1), complainant's son and another were working as Security Guards in IVRCL Cement Concrete Mixing Factory; the deceased and accused were working in the day shift, whereas the complainant, his son and another were working in the night shift; the deceased and the accused were roommates and they were provided with the room within the compound of the factory; about 15 persons used to work during day and night shifts apart from the Security Guards; the quarrel ensued between the accused and the deceased on 12.3.2009 with regard to money transaction between them and in that regard, the accused assaulted the deceased with the club and cement brick on the head of the deceased, consequent upon which the deceased breath his last; the dead body was found outside the compound of IVRCL Cement Concrete Mixing Factory in the morning of 13.3.2009; the dead body was first seen by the complainant (P.W. 1), who in turn informed the same to his co -employees as well as the employers; thereafter he lodged the complaint before Amruthahalli Police Station, Bangalore City, which came to be registered in Crime No. 43/2009 for the offences punishable under Ss. 302 and 201 of IPC; the Police after completion of investigation laid the chargesheet against the sole accused/appellant herein for the said offences.

(3.) In order to prove its case, the prosecution in all has examined 16 witnesses and got marked 22 Exhibits and 24 Material Objects. On behalf of the defence, no witness is examined and no exhibit is marked. The Trial Court on evaluation of the material on record and after hearing, convicted the accused for the offences punishable under Ss. 302 and 201 of IPC and sentenced him to undergo imprisonment for life and payment of fine for the offence punishable under Sec. 302 of IPC and to undergo imprisonment for a period of one year and sentence of fine for the offence punishable under Sec. 201 of IPC.