KUTTIBA @ KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by accused No.1, being aggrieved by the judgment of conviction and the order of sentence dated 12.11.2013 passed by the Court of Fast Track Judge at KGF, in S.C. No.31/2010.

(2.) Brief facts of the case as per the averments made in the complaint (Ex.P.1) are that one Sri Raj filed the complaint on 21.10.2009 alleging that himself, his wife and children are staying in the address given therein and he is running a petty shop in the said line. It is stated that on the intervening night of 20/21.10.2009 at about 1.45 a.m., when he was sleeping in his house, his daughter Praveena came there and informed that there was quarrel in between one Suresh and Prakash. Immediately, he went and saw near Kuruchadi that the procession of Kolandu Yesu was going on and in that context, there was quarrel among Suresh, Prakash, Junior Anthony, Rajan and Kuttiba and with the common intention of causing the death, the said accused persons took quarrel and caused the death of Suresh. The accused Junior Anothony and Rajan, both caught hold the said Suresh and out of them, Kuttiba (accused No.1) took out the knife which was with him and stabbed on the stomach of Suresh and caused the bleeding injuries. The complainant has also stated that Prakash took out a stone and assaulted on his chest and caused the injuries. When himself, Ravi, Kalaivani and Lilly went to pacify the said quarrel, Rajan assaulted on his chest and Junior Anthony assaulted on the forehead of Ravi and Prakash and Kuttiba assaulted with hands on the back of Kalaivani and the said Prakash took a club, which was lying there and assaulted on the back of Lilly and caused the injuries. The said incident has been seen by one Prem @ Kumar and he pacified the quarrel. It is further stated that immediately, they took the injured Suresh to the government hospital and after getting him treated, they took the injured for higher treatment to the Jalappa hospital, Kolar, who got admitted at about 3.15 a.m. The injured Suresh was not in a position to speak because of the injuries suffered by him and he has been admitted in emergency ward. It is further stated that the accused persons with common intention to kill the injured has caused the said injury and legal action may be taken against them. On the basis of the said complaint, the case was registered in Crime No.106/2009 for the offences punishable under Sections 323, 324, 307 read with Section 34 of IPC.

(3.) The investigation officer after investigation of the case filed charge sheet as against the accused persons for the offences punishable under sections 323, 324, 302 read with Section 34 of IPC and thereafter, case was committed to the Sessions Court. The learned Sessions Judge took cognizance and secured the presence of the accused persons. After hearing both the counsel, the learned Sessions Judge prepared the charge under Sections 323, 324, 302 read with Section 34 of IPC and the same was explained to the accused in the language known to them. The accused pleaded not guilty and claimed to be tried. As such, the trial was fixed.