CHAND BASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the prosecution discloses that one Ganesh (deceased) and the accused are masons by avocation, and were working together. PW-4 is sister of the deceased. PW-3 is father of the deceased. The accused used to visit the house of the deceased and on some occasions misbehaved with PW-4. The accused intended to marry PW-4 but deceased and PW-3 were not willing to give PW-4 in marriage to the accused. It is said that there was a quarrel between the deceased and his family on one part and the accused on the other part with regard to the misbehaviour of accused with PW-4. The accused was bearing grouse against the deceased for preventing his marriage with pw-4. Therefore, on 16-1-2001 the accused lured deceased with a wet party in Sindhur bar in Lingarajapuram. Accused consumed only beer and made the deceased to consume liquor heavily to the extent of total intoxication. The accused and the deceased after taking liquor come out. On the way the accused finds the deceased was totally unconscious of his actions. The accused take advantage of the position, made the deceased to fall down, the hands were tied with a saree piece lying nearby, tied a boulder to the waist of the deceased and threw him in the well nearby. PW-3 (father of the deceased) on the next day finds that his son has not returned home. PW-12 (friend of the deceased) on an enquiry informs pw-3 that the accused had taken the deceased for a wet party. The dead body was found floating. PW-1 (stranger) noticed and reported the matter to police.

(2.) IN the course of investigation, the police had taken photographs of the body. The pw-3 identifies the person in the photograph as his son. The investigation further reveals that the accused and deceased consumed liquor in Singhur Bar at Lingarajapuram. PW-6 (owner of the bar ). PW-5 (the Bar-Boy)testifies to the fact of visit of accused and the deceased to the Bar. The medical evidence discloses that the death is a homicidal.

(3.) THE trial Court on the following circumstances holds the accused guilty and convicts him for an offence u/s. 302 IPC.