DEVARAJA RAMAPPA RAMANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by the accused-appellant against the order of conviction and sentence passed by the Principal District and Sessions Judge, Dharwad in Special Case No.82/2008 by order dated 24.08.2010.

(2.) By the impugned order the accused came to be convicted for the offence punishable under Sections 504 and 304 (II) of IPC and imposed sentence to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.15,000/- and in default of payment of fine amount, the accused shall further undergo simple imprisonment for one year.

(3.) The brief facts for the purpose of this appeal are: That on 29.04.2017 the deceased Devappa Mallappa Ramanavara, the husband of PW6, was sitting on the Katta of the house after finishing his dinner. At about 9.30 p.m., the accused Devaraja Ramannavar while passing on the road in front of the house of deceased by looking the deceased in a different manner. The deceased questioned him as to why he was gazing towards him. The accused started abusing him in filthy language stating that "Le bosadi magane ninna sokku bahala aagaithi, hinde hodetha bidhdhidhdhu nenapu aithi illa". The accused after abusing the deceased lifted him and threw him on a slab stone. He picked up a butt of an axelying in front of the house and assaulted on the back of the deceased caused an injury. Thereby on hearing hue and cry PW9 to 11, PW3 Ramanna, PW4 Mahadevappa were came there and pacified the quarrel and the accused went away. At that time it was 11.30 p.m. Intimation was sent to PW7, the brother of the deceased and later to the wife of deceased, PW6 and also to PW8. The said persons came in the morning shifted the injured to a Hospital. Later the injured was shifted to German Hospital at Gadag Betageri. The Investigating Officer recorded the statement of the injured Devappa. The said complaint is at Ex.P14. On that basis Cr.No.42/2007 was registered for the offences punishable under Section 324 and 504 of IPC. FIR was sent to jurisdictional Court. Finally the injured was taken to Shivakripa Hospital, Hubli where he died on 08.05.2007.