C RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court assailing the judgment of conviction and sentence passed by the Principal Civil Judge (Jr.Dn.) and JMFC, Kunigal in C.C.No.223/2008 and order in appeal passed by the Fast Track Court-II, Tumkur in Crl.Appeal No.88/2010.

(2.) The brief facts of the case are as follows:

(3.) Pw5, who is said to be the eye witness, lodged a complaint at Kunigal Police and an FIR was registered in Crime No.43/2008 under Section 279 and 338 of IPC. Subsequently, after the death of the deceased was reported, offence under Section 338 of IPC was substituted by 304A of IPC. In all, 7 witnesses were examined on behalf of the prosecution, where PW1, PW2 and PW5 are the eye witnesses. PW3 is the brother of the deceased, who shifted the deceased from the spot to provide medical assistance to the deceased. PW4 is the Sub-Inspector of Police, while PW7 is the Circle Inspector and Investigating Officer. PW6 is a pancha witness.