RAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant is the sole accused in SC No.159/2012 on the file of the II Additional District and Sessions Judge at Shivamogga, has preferred this appeal calling in question the judgment of conviction dated 20.12.2013 and sentence dated 21.12.2013 passed in the above case, convicting and sentencing the appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.5.000/-, and in default of payment of fine amount, to undergo imprisonment for a period of three months.

(2.) Before adverting to the grounds elaborately urged before this court by the learned counsel for the appellant, we feel it just and necessary to have the brief factual matrix of this case.

(3.) Pw.1-Prema is the complainant, who lodged a report before the police on 08.06.2012. As per the case of the prosecution, the deceased Venkatesh along with his wife- PW.1 and children, was residing in the PHC Hospital Quarters at Devangi Village in Thirthahalli Taluk. On 07.06.2012 at about 8.30 p.m., the deceased Venkatesh told his wife that, he would like to go to the hospital and by saying so, he went near the main door of his house, at that time, the deceased Venkatesh saw the accused Ramu @ Ramakrishna going on the road situated in front of the house of the deceased, at that time, he asked the accused Ramakrishna, whether he had his dinner. Being enraged by the said question put by the deceased, the accused told the deceased that, who is he to ask him such question and by saying so, he assaulted on the head of the deceased with a Bamboo Stick. On sustaining severe injuries to the head, the deceased fell down and there was bleeding from the eyes and nose of the deceased. Immediately with the help of witnesses ie., Geetha, Krishnappa and Ramesha, the deceased was shifted to the hospital. After the deceased being shifted to various hospitals at Devangi, Theerthahalli and Shvamogga, ultimately, the deceased died in Manipal Hospital. Requesting for taking action against the accused, a report was given by PW.1 to the Police as per Ex.P1, on the basis of which, a case in Crime No.131/2012 was registered initially for the offence punishable under Section 324 of IPC, as at that time, the injured was taking treatment in Manipal Hospital. Subsequently, the deceased died in Manipal Hospital and a request has been made to the court of convert the said criminal case for the offence under Section 302 of IPC.