R SHANTHA KUMARHARIPRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the prosecution in brief is as follows: That the complainant is PW-1, Nagaraju. He lodged a written complaint before the Thalaghattapura Police Station on 08.10.2006. In the complaint, he has stated that on 11.09.2006, there was a Grama Panchayath election in their village. That there were 34 Members in the Grama Panchayath. The deceased, accused No.1 and the wife of the complainant were also Members of the Grama Panchayath. Since the President of the Grama Panchayath had resigned, the election was scheduled for the post of President on 11.09.2006.

(2.) That the deceased and accused No.1 were contesting for the said post. The deceased won the election by securing 18 votes, as against 16 votes secured by accused No.1. That accused No.1 who had lost the election is said to have spent huge amounts of money for entertaining people, for the success of his election. Since he was defeated, he was aggrieved and had a vengeance against the deceased.

(3.) That on 08.10.2006, the deceased called the complainant to go to the place of yet another election of the Kaggalipura Zilla Panchayath. That they went to Ganakallu Srinivasapura Colony in their Innova Vehicle bearing registration No.KA-41-M-595. PW-2 was driving the vehicle. He was a friend of the complainant. When they reached near the garden of one Vishwanatha Gowda, a Qualis vehicle bearing No. KA-08-B-6688, came from behind and scrubbed the right side of the Innova car in which they were traveling and stopped in front of their vehicle. Thereafter, five persons got down from the vehicle along with longs (choppers).