YESHWANT SHRIPATI BETAJEWARGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction and order on sentence passed by the III-Additional District & Sessions Judge, Kalaburagi, in S.C.No.236/2019 dtd. 26/9/2022.

(2.) For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

(3.) The brief facts leading to filing of this appeal are that, the Circle Inspector of Police, M.B.Nagar Circle, Kalaburagi, has submitted the charge-sheet against the accused for the offences punishable under Ss. 353, 332, 333, 307 of IPC and Sec. 3 of Prevention of Damage to Public Property Act, 1984. It is alleged by the prosecution that on 14/12/2017 at 11:00 p.m. CW.1 received a wireless message that an unknown person was transporting arms in a white car on Humnabad-Kalaburagi Highway illegally. On the basis of the said information, he informed the same to CW.4, for which he deputed to CW.14 and CW.15 at Kinni border and deputed to CW.1 and CW.11 at Tavargera cross, CWs.1, 4, 5, 6, 8, 10, 12 and 13 were on patrolling duty near Humnabad-Kalaburagi road by putting barricades on the road. At that time, a white car bearing No.KA-34/N-1658 driven with a high speed by the accused and crossed Kinni border without adhering to signals given by CW.14 and CW.15 and also damaged barricades and same was informed by CW.14 and CW.15 to CW.4, who were waiting at Tavargera cross. CW.1 and others alerted at Tavargera cross to check all the vehicles. The accused came with a high speed and did not stop vehicle inspite of giving signals and damaged barricades. In turn, barricades dashed to CW.6 and CW.7 and sustained injuries on the left thigh of CW.6 and fell on the ground and accused tried to run away, but CW.1 gave warning to the accused to stop the vehicle. Despite giving warning, accused tried to escape towards Tavargera village by turning his vehicle. By that time, CW.1, without any option, fired from his service pistol in air. But, the accused without stopping the car, proceeded further. Then, CW.1 again shot his service pistol towards tyre of the car. Thereafter, car was stopped by the side of the road. Accused came out by holding talwar. At that time, CWs.1, 4 to 13 told that accused involved in a murder case of Grameena Police Station and asked him to surrender, but accused tried to run away from the place. When CW.7 tried to catch, accused with an intention to escape from police, assaulted him with talwar on his right arm and right knee and caused bleeding injuries. When CWs.1, 4 and 5 tried to caught hold the accused, he tried to assault them with talwar and looking to the act of the accused, CW.5 to save the life of himself and other police officials, fired through his service pistol on the left leg of the accused. Due to the said impact, accused fell on ground and then also tried to escape from the police and again tried to assault CW.5. CW.5 fired his service pistol once again on right leg of the accused and caused injuries. Due to the injuries, fell on the ground and CWs.1, 4 to 13 arrested the accused. On physical check up of the vehicle, they found a country made pistol and three live bullets and thereby the accused committed the alleged offences. After filing the charge-sheet, cognizance was taken for the alleged commission of offences and case was registered in C.C.No.6546/2018. Thereafter, case was committed to the Court of Sessions and it was registered in S.C.No.236/2019.