R MURUGAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant-accused being aggrieved by the judgment and order of conviction dated 7.11.2012 (24.11.2012) passed by the Presiding Officer, Fast Track Court, Virajpet, Kodagu District, passed in Sessions Case No.62/2010 wherein appellant-accused herein has been convicted for the offence punishable under Section 302 of IPC.

(2.) Brief facts of the prosecution case as per the complaint Ex.P21 are that, one Ammatthira Krishnakumar, S/o Ramaiah lodged the complaint before the Ponnampet police station alleging that he is residing in the address mentioned in the complaint along with his wife and children. On 21.2010 at about 7.30 p.m. when he was proceeding from Gonikoppa to his house at Devarapura, he heard screaming noise nearby the gate of Rajarajeshwari school at Bhadragola village. He stopped his car nearby the gate and went inside the gate and saw that it was the screaming noise of one Sudheer, driver who was known to him. The said Sudheer had sustained bleeding injuries on his head, lower limbs and other parts of the body. When he enquired him, said Sudheer told him that he had to pay some amount to R.Murugan, who was serving as watchman in Rajarajeshwari school, as such, he had come to that place. At about 7.30 p.m. when he went inside the Rajarajeshwari school, R.Murugan asked Sudheer as to why he has come to the said place at that time accused picked up quarrel with the deceased Sudheer and assaulted him with kathi which he was holding in his hand on both the lower limbs and caused injuries. Thereafter, he pushed Sudheer, when Sudheer fell on the ground, his head came in contact with the stone lying there and he sustained injury to the head. Then the complainant shifted Sudheer to Gonikoplu hospital in his van and admitted him. However, deceased Sudheer expired in the hospital at about 10.00 p.m. while on treatment. Accordingly, it is stated that since R.Murugan has assaulted Sudheer with kathi and caused bleeding injuries and committed the murder of the deceased, legal action may be taken against him. On the basis of the said complaint, case was registered in Crime No.41/2010 for the offence under Section 302 of IPC against the appellant-accused herein. After completing the investigation, the Investigating Officer filed the charge sheet against the accused. After hearing both sides, learned Fast Track Court Judge has framed the charges against the accused-person. When the charges were read over and explained to the accused, accused pleaded not guilty and claimed to be tried. Then the matter was set down for recording the evidence.

(3.) We have heard the arguments of the learned counsel for the appellant-accused, so also, the learned Addl. SPP for the respondent-State.