High Court Karnataka High Court

State Of Karnataka vs Prabhakara Poojary on 30 July, 2008

Karnataka High Court
State Of Karnataka vs Prabhakara Poojary on 30 July, 2008
Author: K.Sreedhar Rao Gowda
IN THE HIGH coum' op KARNATAKA AT BANGALORE

DATED THIS THE 30% DAY OF      

THE HONBLE MR. JUSTECE ;HAIéjRAPEA;L:s:o;1%k9%# oj;2Co2_ 
BETWEEN: '4 'L  "  ' 

STATE OF KAR1@A'tA§:A      APPELLANT

(BY SRIIS.BHAi?}'X?§!AVSiN{}H;' spa %
AND: % ._ % ..  x 

PRAB1;:Ai-:ARA.'?o.cJARY'

" - %%s/0.:G£11?1jv:3 POOJAR.¥'
 AGE: 31 mans'
=,R;';O"'FHIMF'AY»I HOUSE

ATH.RAb*:..v1.LLAGE
UDUPI TALUK   RESPONDENT

:03? é§g1§’N,.s;SAMPANGxRAMAIAH, ADVOCATE ON Arvxlcus
ecA>R:AE.)-,.% *

VA ” Criminal Appeal is filed under Section 3278(1) 8:.
‘ __”~'{3)§Cr.P.C. praying to gant leave to fie an appeal against
T the judgment dated 3.11.2001 passed by the Prl. Sessions

Q1/

Judge, D.K., Mangalore in S.C.N0.43/2000

respondent —- accused for the offence under ‘ssgctipn ‘302«.c;>f’

IPC’ _,

This Appeal coming on

KSREEDHAR RAG J ., de}ive;ic_cI theVf9I’}oWi11,g:.%~_ . A 1

% J ‘U n G ”

The material facts disclose that one
Sadhu Poojary i.$ i;h§: is the nephew
of the aeceaeeé night the accused
visited a drunken state and
was fimded the accused and sent
him out {)1} accused became wild and

..~ t}_1e’d”e.cea.sr:d with dire consequences. The

V”ac<;'=iV1SedA wéntfiway. On 23.10.1999 at about 6.30 a.m.,

sleeping on a bench. The Wife of the

dgceaséd gone out to fetch Water. PW»-1 {son of the

< Was sleeping in the house. The accused came

a club and dealt a blow on the head of the deceased.

%/

PW-1 woke up and by the time PW-1

accused, he had dealt another b}ow,__ flhé \

club (MC)–2) fiom the accused. .

deceased was admitted to "Hospi_ta'}:V' L'

The complaint of PW-1;_ is fiospital at
around 12.30 p.m. anaaéle as me. The
FIR is to The deceased
succumbed _ 1999 during the
The autopsy report
sustained open head injury

with bone resulting in subdural

and a homicidal death. The accused

'isi under section 302 IPC.

.. (complainant), a Witness to the incident

‘ «to “the act of assault made by the accused on the

in his presence. PW-2 (wife of the deceasw)

€:%}/

4
speak to the fact that by the time she came was

assaulting dealing a blow on the deceased and

ran away. PW-»5 (daughter of the

that on hearing the cry she comesio’ ‘the, ‘ 1’.

accused dealing blows on the (= 3.

Wit.I1CSS to the incident. ‘=2 ‘ace S ac

eye witnesses to the incident._W”” ” V

3. The trial court fouridi’ vfl:1e..prosecution has

proved the guilt, held that the accused

had no infe11tionV”‘to 4Vca11$e murder. Hence, convicted the

, aoooeedvi _ofi’ence under section 304 Part–II and

for a period of two years RI and fine

of accused is also convicted for the offence

_ coder section 451 IPC.

” The State, aggieved by the conviction of accused

I ..H’.foi’§IcScer ofienoe, has filed this appeal.

5. On thomugh consideration of

evidence of PWs~1, 2 and 5, we find _

believe that PWS-2 and 5 could I116 l

incident because FIR Iodged.»’i)3r.__

presence at’ FWS-2 and 5. the PW -1 is
quite credible and isnefi ._to cliebelieve his
veracity. The evidence (:1-f accused dealt
two blows the deemsed. The
medical had sustained
fracture2._of~. which resulted in death.

The act of t’1eacei:es.é{l_ the purview of Section 300

the injury, which is likely to

Vdeath’ “the normal course which amounts to ofience

ol’ amounting to murder. ‘File View taken

tlrle that the aeeused has not caused the

therefore, he is liable for conviction under

42/

section 304 Part II is untenable. The act of

dealing blows to the head and causing..

suggests that he intentionally causfid

in the ordinary course cause .cieath ‘eventtially k’

in death. ” V V’ V

5. In that View urine at the trim
court in convicting the under
section 304 is convicted for
the ofienceny Tand sentenced to life

The is fixed at Rs.5,000/-. The

~. pay to the amicus curiae.

Sd/-

Judge

Sd/-J
Judge