RAJ BISTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.

(2.) The brief facts of the case are that one Mr.Bir Bahadur lodged a complaint stating that his brother by name Ravindra Bahadur was residing in Bengaluru at B G Road, near MICO signal and Ravindra Bahadur was often visiting the house of Bir Bahadur in Wilsongarden, Bengaluru. The said Ravindra Bahadur was residing in a watchman shed at B G Road, Near MICO signal, Adugodi, Bengaluru. He was working as a watchman in Evershine Marble Centre at B G Road, Adugodi, Bengaluru. On 14.05.2019 he lodged a complaint stating that on 8.5.2019 in the evening at about 7.30 PM one Mr.Nandu Bahadur came to the complainant and told that on the above date at 11.00 AM the said Ravindra Bahadur told the said witness that the accused had been to Relax Bar and assaulted the victim. There was some resolution of the dispute and thereafter at about 3.15 PM, the accused had again gone to the watchman shed where the deceased Ravindra Bahadur was residing and assaulted him with his bands and throttled him etc and thereby deceased died due to asphyxia as a result of manual strangulation or throttling.

(3.) On the basis of the above said allegations, initially the complainant suspected that his brother might have committed suicide by hanging himself in the said shed. Police during the course of investigation obtained the Post Mortem report and found that death was due to asphyxia as a result of combination of throttling and ligature strangulation. The prosecution has also relied upon the statement of eyewitnesses i.e., Anil Kumar and another by name Manjunath. Their statements were recorded after much deliberations on 15.05.2019. They stated that on 08.05.2019 at 3.15 - 3.30 PM, accused went to the shed room of deceased Ravindra Bahadur and assaulted him with hands and also squeezed the neck of the deceased from his elbow.