SUNIL SINDHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and learned HCGP for the State. Perused the records.

(2.) A person by name Shivakumar, brother of the deceased Shekar Singh lodged a complaint stating that accused persons as well as the complainant and his brother were doing business of some spices in City Market Area, particularly on the footpath of Grain Bazar Road. On 22.09.2019 there was a verbal altercation between 2nd petitioner as well as the deceased. In such context, it is alleged that due to business rivalry, 2nd petitioner abetted and instigated the other accused persons to do away with the life of deceased Shekar Singh. In that context, it is alleged that the 1st petitioner caught hold the deceased Shekar Singh and other accused persons by name Suresh and Arun have stabbed on the stomach and back of the deceased, who sustained severe injuries and was admitted to Victoria Hospital but later he died due to the consequence of injuries. On the above said allegations, the police initially registered a case under Section 307 IPC and after the death of the deceased they registered a case under Sections 307 , 302 read with 34 IPC .

(3.) Learned counsel has also produced some material to show that petitioner No.1 is suffering from right lower limb lymphedema with cellulites and in fact, he is not able to walk. The 2nd petitioner is a lady who has not actually participated in the assault but it is only stated that she instigated the other accused persons i.e., accused Nos.1 and 2 for assaulting the deceased or with an intention to kill him they assaulted him on the basis of the instigation of petitioner No.2, has to be considered by the trial Court during the course of trial. However, added to that petitioner No.1 was not in a position to catch hold the deceased and in fact, whether he has caught hold or whether there was any common intention on his part to facilitate the other accused persons to do away with the life of the deceased is also a fact that has to be established during the course of full fleged trial.