BHIMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused being aggrieved by the judgment and order of conviction and sentence, dated 29.10.2009, passed by the Fast Track Court No-I, Dharwad, in S.C. No.30/2009.

(2.) Brief facts of the prosecution case are that the complainant is a resident of Navalgund. On 11.09.2008, the complainant, along with his friends, attended the function of immersion of Ganapathi idol. After attending the said function, at about 12.30, in the midnight, the complainant was proceeding to his room and, on the way, he was answering the first nature call nearby the house of one Poojar. At that time, the accused came and attempted to commit his murder by strangulating his neck. The complainant made hue and cry. By hearing the said cry, his friends C.Ws.4 and 5, who were going to the room ahead of the complainant, came back. On seeing C.Ws.4 and 5, the accused assaulted on the neck of the complainant with a blade and caused bleeding injuries. When the accused was running away, the complainant, C.W.4 and C.W.5 saw the face of the accused in the glowing street light. The complainant with the injury went to the room and thereafter to his house. As the complainant was not feeling comfortable, he was taken to a hospital in the morning hours and after treatment, he went to the police station, intimated the said fact to the police. The said police recorded the statement and a case was registered in Crime No.203/2008. After investigation, the police filed a charge-sheet. After filing of the charge-sheet, the learned Magistrate took cognizance and, as the said case was triable by the Court of Sessions, committed the case to the Court of Sessions.

(3.) On committal of the case, the learned Sessions Court took cognizance and after hearing both sides, framed the charge as against the accused. The accused pleaded not guilty and claimed to be tried. Therefore, trial was fixed. In order to prove its case, prosecution examined P.Ws.1 to 9 and got marked Exs.P.1 to P.5 and M.O.1. After closure of the prosecution evidence, accused came to be examined under section 313 of the Code of Criminal Procedure, 1973 by confronting the incriminating material as against him. The accused denied the said incriminating materials. The accused did not lead any evidence.