PAVAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Shivanand V. Pattanashetti, learned Advocate appearing for petitioner and Sri Prakash Yeli, learned Additional State Public Prosecutor appearing for State. Perused the records.

(2.) Petitioner has been arraigned as accused No. 3 in Crime No. 279/2015 of Vijayapur Gandhi Chowk Police Station registered for the offences punishable under Ss. 307, 324, 504, 506 r/w Sec. 34 of IPC.

(3.) Complaint by one Sadashiv @ Suman was lodged on 11.9.2015 alleging that he and his friends namely, Tanveer, Vinod Bajantri and Swaroop were proceeding on a motorcycle and near the water tank traffic signal, Tanveer, spat "mava" which was being chewed by him and same fell on some person, on account of which quarrel was picked up and later on passers -by pacified said quarrel. It is further stated that complainant and his friends went to Ambika Kanavali and after dinner Vinod Bajantri and Swaroop went on motorcycle to petrol bunk whereas the complainant and Tanveer proceeded towards water tank and near Veerbhadreshwar Kanavali they were accosted by accused Nos. 1 to 3 and quarrel was picked up by them relating to the incident that had occurred on the earlier part of night. As such, after fisticuffs being heaped on the complainant and Tanveer, all the three accused persons assaulted Tanveer with wooden rafter and knives by stabbing on the back and stabbing on the testicles of Tanveer causing grievous injuries and posing life threat to him. It is also stated that injured was treated at Government Hospital, Vijayapur, and later shifted to BLDE Hospital and on account of continuous flow of blood, he was shifted to Yashodhara Hospital at Solapur for better treatment. Hence, it was alleged in the complaint that all the three accused persons had assaulted the injured with an intention to murder him. The records would indicate that the injured has been discharged from the hospital and as per the wound certificate, the injuries caused to the victim are as under: