State Of Karnataka By The Sub Inspector ... vs Prasanna on 16 September, 2010

[Cites 6, Cited by 1]

Karnataka High Court

State Of Karnataka By The Sub Inspector ... vs Prasanna on 16 September, 2010

Bench: K.Sreedhar Rao

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16"' DAY OF SEPTEMBER, 2010
PRESENT

THE HON'BLE MR. JUSTICE K.SREEOHAR 

AND _

THE HON'BLE MRJUSTICE B.V.PIN'TC  

Criminal Anneal No.13'51/20.0

Qﬁﬂ E :}\! _.A=.wyOu,_
Criminal Appeal l\Vlo.135Q/2-005  M, «. V

BETWEEN

State of Karnataka, V  
by the Sub Inspector of Police}
Nanjangud Rural Police Stationg' '   

.  _     APPELLANT
 (Co'r:nmon"_énV both the appeals)

(By     

AND :

Prasanna; "

 .Bha(d"iTaPDa,..i. "  . ttttt .. »

 =...,.v.Mysore (District; A. 

Aged about '22 years,

R/'Q Cal age re-y_i'iila'ge', 

N a nj a_n'g'_u d Ta'l~ul_<, . V . 

 RESPONDENT

(Common in both the appeals) 4'_(B_y'~S'ri-.D'harmapal,Advocate.) C -»---Criminal Appeal No.1351/2005 is filed under Section 1,"-._3?.8(1) 8: (3) Cr.P.C by the S--'.P.P. against the judgment and order of Acquittal dated 1o/iiT4~3~2oo5 passed by the 111 .. Addl.S.3., Mysore, in S.C.No236/00 Acquitting the Respondent~ accused for the Offence punishable under Section 302 of IPC. went running to the home informed her husband P.W.2. Basave Gowda about the incident. P.W.2 and others come to thescene of occurrence. They questioned the accused why he and assaulted the deceased. The accusedwalso a--s~sa--u'l:te'd--.:I?.W.2""

by hitting on his face. The deceased was.__mad.e the way to house she fell down and'Tdie_d.

3. P.W.8 is the eve wi~t_ness"to'rthe""incide'n't;.. .-The Post Mortern report discloses hyoid bone} fractured..and there was pressure mark and.~tiﬁa.t'ej'ither§'.e ligya"tu.r.e m"ark and death was due to asphyxia The interpretation of the materiajby't'heVf,cio«clfo'r post mortem appears to be in correct'. It ligature mark and it would be a pressure. _mark'~becaus.eAAa_cc'e"sed had throttled the neck of the I-dV'ec'ease-d}":'a:jd by force-------~i--'e'll her down. There is hyoid bone fra'iJ_:_.u"re,"'Be'c.aus'e..:o'f..the pressure applied on the neck asphyxial V ' death had take place.

re4:.___ThVe"'facts proved by evidence would indicate that the ac_::u'se'd 'had no intention to cause the death and injury which in *the"'ordinary course would result death. Knowledge of death "could be attributed to him. Therefore the conviction of the accused under Section 304 Part II IPC and under Section 323 IPC is sound and proper. The sentence imposed also does r_:,.o__t cai! for interference. Both the appeafs are dismissed. SdI*' ~::.'j'g3§%gg_ 4 Sbb/-

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