BABU V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused No.1 being aggrieved by the judgment and order of conviction and sentence passed by the Fast Track Court Judge, K.G.F., in S.C.No.206/2011 dated 29.08.2013.

(2.) Accused No.1 was convicted for the offence punishable under Section 302 of IPC for imprisonment for life and to pay a fine of Rs. 10,000/- and in default to undergo further imprisonment for one year.

(3.) The brief facts of the case as per the complaint Ex.P.1 filed by one Karthik G.V. is that on 01.09.2011 at about 9.45 p.m., when he was near the Ganesha idol for the purpose of pooja, he received a phone call and by receiving the phone call he was proceeding in the Bovi Nagar towards Venugopala Road and at that time he noticed that his place resident one Venkatesh and the residents of Shantinagar, one Babu and Srinivasa Gowda were making galata by consuming alcohol. He advised them and further proceeded by talking over the phone and immediately thereafter he heard the screaming voice. Immediately he came there and noticed that the accused No. 1 and 2 were assaulting the said Venkatesha and he immediately rushed towards the said place and at that time the accused No.1 by holding the knife was stabbing on the left thigh of Venkatesha and as a result of the same there was profused bleeding and the said Venkatesh was lying on the ground. In the meanwhile PW-5 Shankar and other witnesses also came there and accused Nos. 1 and 2 ran away from that place. With the help of the local people, the said injured was shifted in the Innova car to Government Hospital, Bangarpet and thereafter for getting the higher treatment, he was sent to S.N.R. Hospital, Kolar by hiring an ambulance and there the injured was admitted. Due to the injuries, the injured succumbed to death.