Karnataka High Court
State Of Karnataka vs Ravi on 23 July, 2008
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.fi'w
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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.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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s* L
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