STATE OF KARNATAKA Vs. UMESHA

JUDGEMENT

(1.) The judgment and order of acquittal dated 30.11.2012 passed by the Principal Sessions Judge, Mandya, in S.C.No.22/2011, is called in question in this appeal by the State. By the impugned judgment and order, the trial Court has acquitted the accused of the offence punishable under Sec. 307 of IPC.

(2.) The case of the prosecution in brief is that the accused and the injured (P.W.1) namely, Boregowda were known to each other since several years and they had money transaction; the accused was due to the injured a certain sum of money and when the injured started demanding for repayment of money, the accused called him to Holalu Circle on 28.9.2010; accordingly at 1.00 p.m. on 28.9.2010 injured went to Holalu Circle on his motorcycle, wherein he met the accused; the accused pleaded his inability to repay the money and requested for some more time for the payment of money; the injured insisted him for payment of money then and there itself, but the accused told the injured that he would make arrangements for money in Swarnasandra, in as much as, certain people may pay him money at Swamasandra, so saying, accused took the injured on the motorcycle of the injured towards Swamasandra village; the injured was riding the motorcycle and the accused was a pillion rider; when they were so proceeding near the bus shelter of Swarnasandra at about 1.40 p.m.; at that point of time, accused told the injured that injured would insist for money only if he is alive and therefore. he would be finished; so saying, the accused stabbed on the right lateral portion of the chest of the injured; consequent upon which, the injured sustained bleeding injury; the knife which was having 25 cm. length was employed by the accused to stab the victim; out of 25 cm. the handle was measuring about 11 cm. meaning thereby, the sharp edged iron blade of the knife was to the extent of 14 cm; the entire 14 cm. of blade went inside the right side chest of the victim; immediately, the victim fell on the ground; the incident has happened on Bengaluru -Mysuru highway near Swamasandra; number of people including P.W.2 gathered on the scene and shifted the injured to Mandya Government Hospital wherein he was treated by the Doctors. The statement of the injured Boregowda was recorded in Mandya Government Hospital by the Sub -Inspector of Police (P.W.10), Mandya East Police Station as per Ex.P1 wherein he was taking treatment. Based on the said statement Crime No. 194/2010 was registered by P.W.10 in Mandya East Police Station for the offence under Sec. 307 of IPC. The very Sub -Inspector completed the investigation and laid the charge -sheet.

(3.) In order to prove its case, the prosecution in all examined 12 witnesses, got marked 22 exhibits and 7 material objects. On behalf of the defence one witness is examined. As mentioned supra, the trial Court has acquitted the accused.