High Court Karnataka High Court

Shaukat Appasab Dhamnekar Conv No … vs State Of Karnataka Through Cpi … on 26 November, 2009

Karnataka High Court
Shaukat Appasab Dhamnekar Conv No … vs State Of Karnataka Through Cpi … on 26 November, 2009
Author: K.Sreedhar Rao Malimath

,f’son_ of’-acc u~-sed,

THIS APPEAL COMING ON FOR FINAL HEP;IiUNG

‘nus DAY,SRL sREEDHAR.RAo,Jirnmnvaksnfree

FOLLOWING:

JUDGMENI”*,

One Sunil (deceased)__.is iffieind of”o’npe.i:4_I:V{aI§§ane

who is son of the accused. d’iid_riot:ifiike the
friendship of his son Wiiii-Tiiilfi ._the ground that
the deceased is that his son
would may that regard the
accused was- to keep away his
company ii”ron1:_ however did not heed
to the to have friendship with the

i~:_9’¥..()9-2004 at about 07-30 p.m. the

process4i’on”of”herd Ganesha was being taken out, there

huge gathering in 211} over the village. The accused

the deceased in the procession. The accused again

°%/

4) PW.i to 6 have supported the case of the

prosecution. They testified to the effect regardji:ri§:’–Vt’ire

conversation and verbal quarrel between the accused and

the deceased, assault on the decea.’seid”with s.i’c.i§Ie_bVVy’:ithe”.

accused. The said witnesses are eyed’-._witnes:ses “to’.threi’a

incident. There is nothing eliiciytied ini”the’e-evidence to
discredit their veracity;

5) The “fr_i_a’i_Courtiioi1:i::th.e’-Erasis” ofthe evidence of
eye witnesses” ii}3i(i).StfI10rtem report has
convicted~th’e-Aavcjcusiefdfornit-he io’ffe’nce U/S.302 IPC. The

accused is”:?niappeaI’;.’if.Vi’-

6′)_{i” The factsianci the evidence of eye witnesses

.id.iscI:o«se that,-.h:’e–fore the accused assaulted the deceased

withAsiickieghfthetriei was verbal exchange. The accused

insistedithealdeceased to keep away from the company of

1:1i’si_”‘sion’L”~.The accused arrogantly told the accused that he

i’ have proper controi over his son to see that he

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the death is caused, we feel that the accused sh0uE._d_ be

sentenced to imprisonment for the period he is;.WL:n'dVe'r,<

detention. The accused is deemed to have ":~;eirve.<jii'tihe.iii_fi

sentence. The accused is to be setzfiiiee'«foifth-iwiiha_ifV"Ii0t

required to be detained in any Qther cia.se';.

8) The fees of AmicVL1sii:’~.Cu.,i’iae i tfijied at

Rs.5,000/-. The State the Amicus

Curiae.

ix/irk/–