BABU ALIAS THIRUPAHI BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the prosecution discloses that on 1. 7. 2001 at 10. 00 pm near Azeezia Hotel in Mysore A-1 wielding a knife, A-2 to a-4 wielding broken pepsi bottles severely assaulted the Akram (deceased ). A-5 dropped the concrete blocks on the face of the deceased. On account of the injuries sustained, Akram succumbed before he was taken to the hospital. It is the case of opponent of norolla the accused who are the supporters of the Syed Norolla have caused the murder on account of the political rivalry.

(2.) PW 2 to PW 5 are the eye witnesses to the incident. PW2 lodges the FIR at Ex. P2. The contents of the FIR reveal that immediately after assault, a Garuda van arrives at the spot. The accused decamped from the scene. The deceased was taken by a van to the hospital. PW 2 follows the van and visits the hospital where the deceased was taken. The PM report discloses that the death is on account of fatal injuries received on the vital parts of the body and that the death is a homicidal death.

(3.) PW 1 is the Doctor who conducted P. M. examination. PW 2 to PW 5 are the eye witnesses to the incident and all of them have supported the prosecution version that A1 to A6 were wielding the above said deadly weapons, attacked and caused the death of akram. At the voluntary instance of A-1, knife- MO9, at the voluntary instance of A2 to A4- broken pepsi bottles- M. Os 4 to 8 and at the instance of A-6, a small knife are recovered.