Karnataka High Court
State By Ulsoor Police Station vs P Kalai Vannan on 4 August, 2010
Bench: K.Sreedhar Rao, Jawad Rahim
_ UIEQOR; BANG'A¥.Q_R_E.
I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4-?" DAY OF AUGUST, 2010
PRESENT
THE HON'BLE MR. JUSTICE KSREEDHAR A'
AND
THE HONBLE MR. JUsT1c_E..JAWAD"RAriIMT"'
CRL.A. NO. 682 0:17' 2905' I I
BETWEEN:- I I 2
STATE BY ULSOOR POLICE I
. * "APPELLANT
{BY SR1 N.S. SAMPANGI'RA';1\/IAIAI21} vVHc.gp)'~I
P. KA1:,;A,I V=ANNAN..j'-~ I I' _
s/0. SR1' ?ARAsHURAMA.N;'<
AGED ABOI_JT' 37 Y.EARs__
No.37/A, KALLAHALL1-,
RESPONDENT
mgy ADV. AS AMICUS CURIAEJ
~. IS FILED U/S.378[1] 3: (3) CR.P.C. BY
STATE'-_. PP. FOR THE STATE PRAYING THAT THIS
HON'B}i;-E COURT MAY BE PLEASED TO GRANT LEAVE TO
QFILE AI\§1APPEA_L AGAINST THE JUDGMENT AND ORDER
OF7,_ACQUITTAL DATED 03.12.2004 PASSED BY THE IV
'2,AvDDI«». C.C. & S.J., MAYO HALL UNIT, BANGALORE CITY, IN
__ LS.C.NO.700/O3 ACQUITTING THE RESPONDENT-
ACCUSED FOR THE OFFENCE PUNISHABLE U/S307 OF
%/
IPC. THE APPELLANT/STATE PRAYS THAT THE ABOVE
ORDER MAY BE SET ASIDE.
This appeal is coming on for hearing this
SREEDHAR RAO, J., deiivered the following: ' "
JUDGMENT
It is the case of the prosecution"tizationc itunda FW1 is the victim. PW1 is the landiiordgand accused. the tenant of PW1. There was extfction dispute SPW1 00 and the accused. '['hevaecused"'"was-- h'ea1'ingt'g'1'ouse against PW} to get him evicted fi*oIn"thev 25.01.2000 at about 7.15 the;AVV'accused"«./eggs0' his scooter deliberately PW1 an intention to cause his death. 'PVJf1_., injuries. He was treated in the hospitai: Q1': the_ne§§:t.00da§g'coinp1aint is lodged. The accused is charged offence U/Ss.2"/'9 and 307 IPC. court accjui-tted the accused U/Ss.2'79 and 338 of had sustained grievous injuries in the ace_ident_. e:S:tate is in appeal.
2)" 0. PW} when admitted in the hospital has stated 0 'hefoxie the doctor that the injuries are sustained in a road ~»v--ti'affie accident. In the subsequent stage of investigation, the %,.
case is sought to be made out that the accused drove the scooter with an intention to cause death and it isvnottthve case of rash and negligent driving. However, the in . the wound certificate would beiie the ease of .1;t1e= pr_oseeut1on_.u " "
Therefore, the order of conviction:'..ree;orded«ii);/$s-.2.57'9'es.._ar1§}_Ad 338 of IPC is sound and proper. The appeal is dismissed. Amicus Curiae fixed - (Rupees seven thousand oniy). The State_sha1l d T".
Jwagg