NARAYANA REDDY @ BABU Vs. STATE OF KARNATAKA
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Narayana Reddy @ Babu
STATE OF KARNATAKA
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(1.) Six persons were implicated in a trial for murder of one Govind Reddy. A complaint to this effect was lodged with the Koramangala Police Station by Srinivasa @ Raja (PW-1) on 12.04.1999 at about 10 P.M. stating that the Accused No. 1 (who is the appellant before us in this appeal) had stabbed Govind Reddy with knife (M.O.7) after 8.30 p.m. between 9.15 p.m. and 9.30 p.m. FIR to this effect was registered. In his later statements, PW-1 named Accused Nos. 2 to 6 also, who are the relatives of the appellant. The matter was investigated into and ultimately charge sheet was filed for offences punishable under Sections 143, 144, 145, 147, 148 and 302 read with Section 149 of the Indian Penal Code (IPC) against all the six accused persons.
(2.) Eight witnesses were examined by the prosecution. PW-1 and PW-2 (Prakash) claimed that they were the eye witnesses to the incident. PW-3 and PW-4 were Panch witnesses to the alleged recovery of the weapon. PW-5 was the junior engineer who had prepared the sketch by visiting along with the police team to the place of occurrence where dead body of the deceased was found and recovered. PW-6 is the wife of the deceased. She is not an eye-witness but stated that she had come to the spot after she was informed about the murder of her husband by PW-1. PW-7 is the Doctor who had conducted the post mortem examination. PW-8 is the police officer who prepared the investigation report though he was not the investigating officer, as the investigating officer had died in the meantime. After the conclusion of the trial, statement of the accused persons were recorded under Section 313 of the Code of Criminal Procedure wherein they denied the charges or evidence against them stating that the witnesses PW-1 and PW-2 had deposed falsely in the court.
(3.) After hearing the arguments, the trial court acquitted accused Nos. 3, 5 and 6 of all the charges framed but convicted accused Nos. 1 and 2 for the offence punishable under Section 302 read with Section 34 IPC and acquitted them of other charges. Accused No. 4 had died during the trial and, therefore, the trial against him has abated.;
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