ANAND Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) M .B. Nagar police laid the charge sheet against the petitioners for the offences punishable under Sections 302, 201 r/w. 34 of IPC. The charge sheet discloses that, on 06.07.2014 at about 8.30 p.m., the complainant by name Nagaraj, son of Soogappa Galle, came to know that his employer by name Pramod Kulkarni was assaulted by one Govinda and another. Immediately, at about 9.15 p.m. he came out from the house of his employer Pramod Kulkarni situated at Sahu Shahan Chilla, Near Chalukya Bar, Brahmpur, and he saw Accused No. 1 -Govind was proceeding in front of the house with a blood -stained knife in his hand and his clothes were also stained with blood and another person, who was proceeding with him was also wearing blood -stained clothes. Immediately, he rushed near Sha Dhabha and he saw that the dead body of Pramod Kulkarni was lying there with bleeding injuries on his chest and other parts of the face. On the said allegations, the police have investigated the matter.

(2.) THE records disclose that there are as many as eight eye -witnesses to the incident. They have categorically stated that on the date of the incident, the petitioners herein (Accused Nos. 1 & 2) have started quarrelling with the deceased Pramod Kulkarni near Sha Dhaba and in fact, Accused No. 1 stabbed the deceased with a knife and another accused Anand took -out a stone and assaulted on the face and head of the deceased. In fact, one Mr. Nagaraj and Mr. Digambar, Manager of Sha Dhaba, made attempts to resolve the dispute, but, in spite of that, Accused Nos. 1 & 2 have assaulted the deceased and ran away from the spot. The records also disclose that postmortem examination was conducted on the dead body of the deceased Pramod Kulkarni. The Post -mortem report discloses that there was a stab wound on the right part of the chest which pierced through right 3rd rib and right lung measuring 5cm x 2cm x lung deep. Apart from that, the post -mortem report also shows that there was a fracture of nasal bone, fracture of right cheek bone and also there was hemorrhage of both frontal area of brain.

(3.) LOOKING to the above said facts, though Accused No. 1 used the knife for stabbing the deceased, but other injuries found on the head, nasal area and also brain hemorrhage, at this stage, the materials placed against the petitioners by the prosecution cannot be easily brushed aside. There are many number of eyewitnesses and there is recovery of the articles at the instance of the accused. Therefore, at this stage, in my opinion, it cannot be said that the prosecution has no prima -facie case at all.