GANESHA @ BHASKAR @ BONDA Vs. STATE BY BASAVANAGUDI POLICE

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused being aggrieved by the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Fast Track Court XV, Bangalore in S.C. No.392/2008 dated 16.07.2010.

(2.) The brief facts of the case as per the complaint-Ex.P1 are that, one Sri. Suresh filed the complaint on 06.11.2007 alleging that as usual at about 8:30 a.m., he went to Tempo stand along with his Tempo and parked there. Thereafter, he went on rental to Kathirguppe. At about 2:45 p.m., when he parked his Tempo in the Tempo stand, the drivers of the Tempo Ajithkumar, Veeraswamy, Govardan, Vajrappa, Subramani, Ramesh were also present and when they were standing and talking, two persons came on scooter and they came near the driver of the Tempo Mahadeva. One person who was fat, black and having curly hair and was wearing biscuit colour full shirt and jeans pant, may be around 25-30 years of age, came to his backside. All of a sudden, he came to Mahadeva and asked him that so many complaints have been received against him. The said Mahadeva told that nothing of that sort and at that time, the said person snatched the mobile and when the said Mahadeva told that the said mobile is required for him, the said person by holding his hands into the back, snatched the mobile and when the said Mahadeva tried to take away the said mobile with an earlier ill-will, with an intention to kill Mahadeva, he took out a knife from his waist and stabbed him on his chest, left eye, ear and also on other parts of the body. Immediately making hue and cry, the said Mahadeva fell down and the said person along with another went on the scooter on which he came. He also further stated that immediately Govardan, Vajrappa, Subramani took the said Mahadeva to the Hospital and by the time he was taken to Hospital, he breathed his last. He further submitted that due to some ill-will, the said miscreants have committed an offence on Mahadeva. On the basis of the complaint, a case was registered in Crime No.181/2007 under Section 302 of IPC.

(3.) After investigation, the Investigating Officer has filed the chargesheet. The committal Court committed the case, after Committal, the Sessions Court took cognizance and after hearing the learned Public Prosecutor and learned counsel for the accused, charge was framed. Accused pleaded not guilty and has claimed to be tried. Thereafter trial was fixed. In order to prove the case of the prosecution, prosecution got examined 22 witnesses and got marked Exs.P1 to P25 and also Material Objects as MO's 1 to 10. Thereafter, the statement of the accused was recorded under Section 313 of Cr.P.C. Accused denied the incriminating material as against him. On behalf of accused, he has not led any evidence. After hearing the parties to the lis, the impugned judgment of conviction and sentence came to be passed convicting the accused and sentenced him to undergo imprisonment for life for the offence punishable under Section 302 of IPC and also to pay a fine of Rs.5000/-, in default, he shall undergo R.I. for three months. Aggrieved by the same, the appellant/accused is before this Court.