STATE OF MYSORE Vs. NANJA

JUDGEMENT

(1.) This is an appeal by the State of Mysore against the order dated 9-3-1956, passed by the Sessions Judge, Mysore Division, in Mandya Sessions Case No. 9 of 1956, acquitting the accused of an offence under Section 304, I. P. C.

(2.) The case for the prosecution is that on 29-11-54 when all the inmates of the house had gone out to the fields leaving the accused and his old father, the former is alleged to have beaten the latter with an axe and a stone. The result was that the old man lay unconscious and was taken to the hospital at Malavalli. The Doctor found that his condition was serious and that it needed X-Ray examination. He was therefore, sent to the Mandya Hospital the same day. But he died there at 6-15 p.m. on 2-12-1954. The respondent is a boy aged about 30 years. He was charged with the offence under Section 304, Part II but he pleaded 'not guilty'. The learned Sessions Judge held that the prosecution has failed to bring home the guilt to the accused beyond all reasonable doubt and acquitted him by giving him the benefit of doubt. The State has filed this appeal under Section 417, Cr. P. C. against that order.

(3.) As abovesaid, there was no one inside the house barring the deceased and the accused when the offence is said to have taken place. The principal witness in the case is one Nanjegowda son of Chikkamadegowda, P.W 12. He states that at) about 8 O'clock in the morning while he was passing by the house of the deceased, he heard some groaning sound. Through curiosity he went to the front door and as it was closed, he pushed it. It was found that it was bolted from inside. But through a crevice in the door he could see that the deceased Nanjegowda had fallen and that the accused was standing there with an axe and hitting Nanjegowda again. He could, however, only see the waving of the hand of the accused with an axe. Thereupon he proceeded by the side of the house towards the hind door and as that door was open, he entered and found the accused standing by the side of his father who was lying. The accused had an axe in his hand which the witness snatched and asked him why he assaulted the old man. The accused told him that he somehow did it without giving any reason for the assault--"(Expression in Kanaries--Ed.)" He was immediately followed by Kempegowda P. W. 11 who questioned P. W. 12 as to what had happened. The latter replied that the accused beat his father with an axe. By that time, the accused was found sitting in the corridor about 5 or 6 feet away. A stone M. O. 1 and an axe M. O. 2 were found to be blood-stained and lying nearby. In the meantime, Nanjegowda P.W. 10. the brother of the accused, also arrived and some others also came in. They brought a car and re- moved the injured person to Malavalli Hospital. P. W. 13 is Patel Chikkegowda. He states that P.W. 11 came to his house and informed him that the accused beat his father. He went to the house and found the bleeding injuries on the person of the deceased. He wrote the report Ex. P-28 and carried the report himself after sending the accused with Thoti Uriya. P.W. 28 is said to have reached the Police Sub-Inspect or at 4-20 p.m. as the latter had returned by that time after visiting another village.