VENKATESH MURTHY ALIAS DASA 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 passed by I Additional District and Sessions Judge, Bangalore Rural District, Bangalore, in S.C.319/2011 dated 23.4.2012.

(2.) The genesis of the case of the prosecution are that complainant has got four sons and three daughters. All sons have got married and were living separately. Appellant-accused is the grandson of the complainant and he is the son of second son Narsimha Murthy. Accused Venkatesha alias Dasa had been addicted to liquor and was making galata every day in the house. In that light, on 18.6.2011 at about 7.30 p.m. accused came to the house of the complainant and started quarrelling and insisted the complainant to pay money, to which the complainant told him that he does not have any money to pay him, for which the accused abused him as a [1].

(3.) After filing of the charge sheet the Jurisdictional Magistrate took the cognizance and committed the case to the Principal District and Sessions Court after complying the formalities by supplying the copies of the charge sheet. After receipt of the records Sessions Court took the cognizance, secured the accused who was in custody and after hearing the learned Public Prosecutor and the learned counsel for the accused charge was framed, accused pleaded not guilty and claimed to be tried, as such the trial was fixed.