STATE OF KARNATAKA Vs. REVAPPA ALIAS MUDAKAPPA

JUDGEMENT

(1.) This criminal appeal is preferred by the State against the judgement dated 27-1-1993 passed by the Additional Sessions Judge, Bijapur, in S.C. No. 86/1991 acquitting the respondent-accused of the offence punishable under S. 302, I.P.C.

(2.) We have heard the learned Additional State Public Prosecutor Sri A. B. Patil and the learned counsel for the respondent-accused Sri S. G. Rajendra Reddy fully and perused the records of the case.

(3.) The case of the prosecution is as follows :PW 1 is the father of deceased Khajibai. Khajibai was eking out his livelihood by selling omelettes near the Mandal Panchayath office. The accused had taken Rs. 40/- as hand-loan from him. On 14-7-1991 at 8.00 p.m. deceased Khajibai was doing his business of preparing omelettes and selling them near the Mandal Panchayath office and at that time, the accused came there. The deceased asked him to return back the amount taken by him as loan as the deceased was in financial difficulties. The accused felt insulted since the deceased demanded the amount in a public place. He started abusing the deceased. The customers Davalsab Bandenawaj Yeligar, Dastagirsa Hasari Burali and Yakub Lalsab Baligar, and also the complainant who were there advised the accused not to raise his voice and to pay the amount on the next day or some time thereafter if he had no money on that day. But the accused took out jambia and assaulted on the stomach of the deceased causing him grievous injuries. The complainant gave his complaint in India Police Station. The police registered a case and started investigation of the case. The deceased was shifted to the Civil Hospital at Bijapur immediately. But he died on 16-7-1991 at 11.30 a.m. in that hospital. The police, after completion of the investigation, filed charge-sheet against the respondent accused.