NAGA, S/O MARIYAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 21.06.2010 passed in S.C.No.36/2009 by the Presiding Officer, Fast Track Court-IV, Mysore convicting appellant/accused no.2 for the offences punishable under Section 325 read with Section 34 of IPC wherein this accused was sentenced to undergo SI for a period of four years and to pay a fine of Rs.2, 000/- and in default of payment of fine, to undergo SI for a period of six months. Hence, this appeal is filed by accused no.2 challenging the impugned judgment by urging various grounds.

(2.) The factual matrix of the appeal are as under: Accused 1 to 3 and the deceased Basavarajau are the relatives. CW.5 Puttasiddamma is the mother of the deceased Basavaraju. She had lent a sum of Rs.2, 000/- to the accused persons. On 3.2008, she sent her son Basavaraju to the house of the accused for bringing back the said amount. Accordingly, he went to the house of accused persons and demanded return of Rs.2000/- lent by his mother. There was some exchange of words between the accused persons and the deceased Basavaraju. They assaulted Basavaraju in furtherance of common intention. The incident took place at 7.30 p.m. in the front of the house of the accused persons at Chowkahalli village, K.R.Nagara Taluk. Accused No.1 by holding the shirt collar of Basavaraju pushed him and assaulted him with hands on his forehead. Accused No.2 twisted the right hand of Basvaraju and made him to fall down and accused No.3 kicked on his thigh. Subsequently, the said Basavaraju was admitted to General Hospital at K.R.Nagara on 04.02008. Since there was swelling in the left lower limb, he was shifted to K.R.Hospital, Mysore on 09.02008 for further treatment and thereafter to JSS hospital, Mysore on 12008. The leg of Bsavaraju was completely necrotized due to the infliction. Ultimately, he succumbed to the injuries on 7.4.2008 at 4.30 p.m. The death memo was sent by JSS hospital to K.R.Nagara police. Prior to that, there was intimation given by the general hospital, K.R.Nagara to K.R.Nagara police station. One Puttaraju, the head constable in K.R.Nagara police station recorded the statement of Basavaraju on 102008 who was taking treatment in JSS hospital and registered the case for the offence punishable under Sections 341 and 323 read with Section 34 IPC. Subsequent to the death memo issued by the JSS hospital, Mysore and on the basis of complaint given by Narasimha, a relative of deceased Basvaraju on 7.4.2008, the second FIR was registered by converting the case for the offence punishable under Section 302 IPC.

(3.) Based on the complaint, the PSI of K.R.Nagara police station recorded the statement of witnesses and conducted the inquest mahazar. Thereafter CW.37, the Circle Inspector of Police after investigation laid charge sheet before the concerned court. Subsequently, the committal court after taking cognizance of the offences, committed the case against accused no.2 and 3, since accused no.1 was absconding. The Sessions court on receipt of the case, framed charges against accused no.2 and 3 for the offence punishable under Sections 341 and 302 read with Section 34 IPC, in respect of which the accused did not plead guilty but claimed to be tried.