High Court Karnataka High Court

State Of Karnataka vs Ravi on 23 July, 2008

Karnataka High Court
State Of Karnataka vs Ravi on 23 July, 2008
Author: K.Sreedhar Rao R.B.Naik
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was shifted to Kanakapura Government 

Thereafter, PW2 Srinivasa went to the hoepitej:  

learnt that Deepu had died.   

5. PW4 Lakshmamma stated "   L.

was her son and he was   eteeused
persons. PW6   he erepared
sketch Ex.P---3 as   PSI PW7
     on 24.3.95, he
  wane. aayamma.
 Naika and produced

before  I"3'.K_'8eVis~ Chandrappa had deposed

  24.3.95,._.t1e conducted post-mortem on Deepu

 em.d  epieedott*«r1;at the death is due to shock and

 result of injury to the chest and ugh' t

«V  .. Ex;f'-4 is the post mortem report. PW9
'V V' 'u..j**VeI1}:ateIs'aju had stated that he is an eyewimess to
 tdfiedditzcident in question. On the date of incident, at

'V V   etaout 5.30 p.m., on Kanakapura to Sangama Road, A1

Gopala Naika, Krishna, Ravindra Krishna @ Rama and
others came with clubs and stones and assaulted

PWS. 1, 2 and deceased Deepu. That PW1 Siddappaji

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Ex.P4 at Kanale Hospital arxi sent the body for
Postmortem examination. He also drew Spot ''    ~
Ex.P-14. He seizedthe stone lyirg    

also sewed the t:ra:tm* along with t1'a']k3f.":'7_      

the records pertamug sy.No.3oht(a§z§e«:h  at'  
pnoperty) from the Village    
statement of witxmses andua  He
collected the wouiji  18 and
the negatives  against the

accused.

7. PWs.« "1.,_'  the eye witnesses to the
.   ____  stated that while returning
~ ,t1ie_   Sxinivasa, Venkataraju and Deepu

  the accused persons had threatened

 é  such, they wanted to go to the police
V «    at that point of time, the accused persons
   the place with clubs, stones and chopper and

  Lassaulted them. When they assaulted Deepu, he fell

down on the ground, A1 sitting on the drivers seat of a.
tractor he asked the other accused persons to push the

tractor and the tractor was run over Deepu.
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"H CZGURY' 0!" K.t%%NATM(A » ..
.9 HIGH   WRMATAKR MGM CQURT GP KARNATAKA HEGH COURT OF KKRNATAKA HIGH COUR? OF KARNKYMKA i-HG!-'1 CC

on the toe and abrasion over the left  T 
injuries would not have been caused due    
over of tractor over Deepu. The   
clearly established by the    

PWs.1, 2 and 9 appear to havetmed to"cs.se A

of running over of '_tracto_rV'   other
accused pushed the  and caused
his death. Ttdsis.' 'a.  wmcn ought to
have been   by the prosecution
beyond:    of PWS. 1, 2
and 9   certificate of PW2 also

estalyiishes it 'tie  gone to the hospital without

 V.     the police though the complaint

I   been regfistered at about 10 p.31. i.e.,

imintaedisgttelfisiter the incident. If the complaint was in

i W H  registered, the police would have accompanied' the
  l  to the hospital. As such, the injury sustained to

T  "'I"lJV2 at the time of alleged incident also becomes

doubtful. Taking into account all these factors, the trial
court has rightly arrived at a conclusion that the

prosecution has failed to establish the guilt of the

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accused beyond ncmonable doubt and iii I'63CC*-mg 
evidence of PWS. 1, 2 and 9 as eye Witnee   A
incident in questicm. Onappxeciation of   
record, we do not find any ground :to   

juignent of acquittal' passed    

Hence, the followingordex". _ _ _
The appeal i.sd1m1s'      V
Tm saviees  igbyg  ' is

placed an record   5,()00/ ~--.

Judge

 .....  

Judge