B. SUDHAKARA Vs. THE STATE

JUDGEMENT

(1.) The judgment and order of conviction dated 23.4.2012 passed by the II Additional District and Sessions Judge, Dakshina Kannada, Mangalore in S.C. No. 68/2006 is called in question in this appeal by the convicted accused.

(2.) Case of the prosecution in brief is that, the accused was working as an Armed Guard in Karnataka Bank, Kodialbail Branch, Mangalore City since 1997; he was an Ex -service man and after retirement from military, he was appointed as Armed Guard in Karnataka Bank; the deceased namely, U. Ramakrishna was working as a Special Assistant in the very Bank and he was the President of Karnataka Bank Employees' Union; the accused was not discharging his duties in the said Bank as Armed Guard properly and therefore, the Management was thinking of transferring the accused to some other Branch more particularly to the Central Office; the accused was under the mistaken notion that the deceased would be responsible for his transfer to some other branch and therefore, the accused had grouse against the deceased; in that regard the accused prepared himself to eliminate the deceased; at about 10.00 a.m. on 2.4.2001, the deceased came to the Bank; likewise, other employees including the complainant (PW.1) also came to the Bank; the complainant was sitting in the Loan Sec. Room at about 11.20 a.m. and he was counting the currency notes and at that point of time, the accused was standing by the side of the main gate; he was armed with double barrel gun provided by the Bank for discharging his duties as Armed Guard; the deceased questioned the accused as to whether he had got anything to say, but the accused all of a sudden fired at the deceased with the double barrel gun, consequent upon which, the deceased fell down on the spot inside the Bank with a gun shot injury; though the inmates of the Bank including PW.1 and the Manager tried to nab the accused while he was in the Bank, the accused fled away on his scooter along with the gun. The deceased was immediately shifted to hospital at Mangalore in an auto rickshaw wherein he was treated by the Doctors. Ex. P10 - wound certificate of the deceased is issued by the Doctor. Unfortunately, the deceased succumbed to the injuries at 6.15 p.m. on the very day while he was undergoing treatment.

(3.) Complaint came to be lodged by PW.1 as per Ex. P1 at about 11.30 a.m., which came to be registered in Crime No. 59/2001 for the offences punishable under Sec. 307 of IPC and Sec. 27 of the Indian Arms Act. Ex. P16 - FIR was transmitted to the learned Jurisdictional Magistrate. After the death of the deceased, Sec. 302 of IPC is added. In the meanwhile at about 11.45 a.m., PW.15 - Sub -Inspector of Police received information from C.W.43 - PSI of Urva Police Station that the accused had surrendered before him in Urva Police Station; consequently CW.43 - PSI, Urva Police Station produced the accused before PW.15 - Sub -Inspector of Police, Mangalore North Police Station (jurisdictional Police) and inturn, PW.15 arrested the accused and seized M.O. No. 1 - double barrel gun from him; the police after completion of investigation, laid the chargesheet. PW.16 - Investigating Officer has completed the investigation and laid the chargesheet.