Karnataka High Court
State By Shikaripura Police vs Aloka S/O Nirvani Manjappa on 11 August, 2010
Author: K.Sreedhar Rao
Bench: K.Sreedhar Rao
SHI,K}.{XRIPUR TORETN: ''''
.{13Y. SEI_E...S.. ADVOCATE}
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF AUGUST, 20j1~G:'j'«--.T_V'
PRESENT A' V'
THE HON'BLE MR. T
THE HON'BLE MR;';jL:STTO"'E..3j-.7, P1137i*I*c;A_O :3
CRLA. NO.
BETWEEN:-- T A T .
STATE BY SHIKARIPURA T
_ I : APPELLANT
(BY SR1 ESPP)'
Ammg: ._ ' V V.
ALOK/'P .. . '
S/O. NIRVAM 'TNJ1APPA,'_ '-
AGED ABOUT 16_Y'EARS~ MONTHS,
10TH STANDARD STUDENT,
R/O.' KANURLTEOSAKERI,
RESPONDENT
._ IS FILED U/8.378(1) & (3) CR.P.C. BY FOR THE STATE PRAYING THAT THIS HONTBLE COURT MAY BE PLEASED TO GRANT LEAVE TO <._FILE 'AN; APPEAL AGAINST THE JUDGMENT DATED
15.Q1.20'O3 PASSED BY THE ADDL. S.J., SHIMOGA IN =."S..c_N;O.32/01 ACQUITITNG THE RESPONDENT-ACCUSED FORTHE OFFENCE PUNISHABLE U/5.302 OP IPC. THE " APPELLANT-STATE PRAYS THAT THE ABOVE ORDER MAY , ~ SET ASIDE.
police conducted the inquest panchanama, the dead body subjected to Autopsy. The PM. report discloses t1'1at"««de'ath is due to shock secondary to hemorrhage asfal injury to lung. The accused is arrested and"th'e::lgnife--MiOs;5"V' is recovered at the voluntary instaricegof.the..accused:"u,nVder Inahazar ---- Ex.P5. PWIO is 3 witness-i_to accused is charged for committiungyitlieg offence s.C%02 IPC.
2. The trial the accused is Juvenile as on larizdlvllthat the Juvenile Justice (Care Act, 2000 was in force, vyhiere person below 18 years. The Juvenile constituted as on the date of the offence andas trial and judgment.
"The trial""Court has found that the evidence g_'plac_ed. "by.itlieairosecution to prove the guilt is discrepant andgives theegfollowing reasons for acquittal:
lqui} regard to motive --~ evidence is adduced to the " ' effect that in the morning there was a quarrel between
--*the deceased and one Abdulla. The accused is nothing to do with the quarrel that took place in the morning. V Therefore, there was no motive on the part _of the accused to assault and killed the deceased. 1:) The trial court finds that pws and Pw17...eyerfi_1e: considered as eyewitness. Because PW1'--.7:i's Va._stu"clet_i_t of 'C' Section. The evidence ofgIg'_W5 _=.'lo'es~--u"
that he could be an eyewitness togthje i'ncid.e'nt;*e. iii] FSL report does not precisely point out" the group as to whether if>jS'4..,fT,RH or RVVH,s"';"._;'I'he1'efore," V recovery of M05 is of no>"consVeque'nce_lto the case of prosecution.
4. In the pfirst:.'pia.ce. the material on record discloses' is.la'lJiuyenile as on the date of trial not in dispute. It is also on record was not constituted as on the date of, "'-eluldgment. Therefore, the trial conducted by theplsessions Judge is sound and proper. Ori's_tern scrutiny of the evidence, the finding of thetrial'VCot;~rtg'.*that the prosecution has not proved the guilt 'V of the accused beyond reasonable doubt, does not appear to it V' 'ifibe soundsand proper.
6. The prosecution has clinchingly established the following circumstances to prove the guilt of the ace A' {1} PW5 is a classmate of the accused and ' His evidence discloses that on hev attended the school, so also deceased had attended school. deceased Abdulla grappled each'oth_Ver and ..quarre1.=.l' The teacher came in and'ipa'c,ified.llIn third period the accused wen-ttxo hisl'hoiu.s:e.llVl'i'he classwas over for lunch. PW5 after" the classroom at about 2.15 _d,eceased.1.fw.as also in the classroonigfiae accused 'tool:'oi.1.t..fthe knife, stabbed the cried. PW5 who was drawing}: looked at the deceased.
He saw'vl.fih€«_ accuse'd._'Wi_e1_ding knife and the deceased injui'ed; immediately went running towards the .teachers' room. The deceased was taken 5 ' to_hosp1ta_l_f' '0 «{2} ev-i,dencelo'f"PWl7 discloses that on 15.01.2001 the jac_cuse.d"'obstructed and put his leg across the leg of The deceased fell down. The deceased sustained injury on his slip. There was some quarrel. deceased also assaulted the accused. The teacher 0 pacified them. PW17 after his lunch came to the school at about 2.15 p.m. When he was near the classroom, he saw the accused running away with a U blood stained knife and the deceased Was_..__1_°ound injured in the classroom. PWI7 made enque1fies_:vI_ith the deceased. He told that accused had PW]? took the deceased towards teachers' deceased was taken to hospitalfor trea'tn.i_'ent}" In.Vtl*:euu cr0ss-examination nothing e.I.icited3 to.' doub t. veracity.
7. The evidence of clinchingly established that PW5 the incident. He might not have'AOb_.Served*-{the the beginning.
But none the establish that when was stabbed, he was dramng a__ the cries, he immediately looked found injured. The accused was hoiding Ignite and fled away.
'~.€Vid€I]C€ of PWI7 discloses that he was aboutdto enter..1'the classroom, he saw the accused running [out blood stained knife and inside the classroom the "..fdec'eased"'was injured. The deceased also makes oral dying declaration to PW17 that the accused had stabbed. The "evidence of PWI7 served as a valid res gestae evidence for the prosecution to prove the guilt of the accused besides, his evidence also served the prosecution to prove the theory of oral dying declaration.
9. The Head Master had lodged the FIR inya. manner without giving necessary details. But_'«the' ~ of pws and PW17 would clinchinglymestablish"the':gu'iwlt.' "
bloodstained knife along with the:=..:blood.g:1aiiied.'ciotlii'i1g'tIi:' the deceased was sent to FSIQ ex.amir1a.tion. 'iVh'eA..FS.LVgreport discloses that the blood group bloodstains on M.O.5 and the blood group of Vtl.1ef--blooAd clothing of the deceased are of 'B' groupVV_blood.."V?l'h.e ('ibs'e'1va--t'ions of the trial court that:further"-»ir1ve'sti.ga*tion are not done to find out whether his or RH--negative. In the circt1.;;f;istances,lithe:said, test of blood on the part of the trial court is vvhollya unnecessary, because in the normal practice ialso'..r_epVort_*v_vi.s given as to whether blood group are RH by _ positive negative. Usual practice of the F8}; is to it .:ide1,1t__ify the blood group of the bloodstains and give opinion. '."II'?,'VVlZ'l'1d.j[ view of the matter, the FSL report also conclusively
-proves that M.O.5 recovered at the instance of the accused is the one used for commission of the offence. The recovery of the knife from the accused is proved. The evidencevoff and the 1.0. regarding motive there is some .
evidence of PW5 discloses that there was"the"
morning between one Abdulla and the,dsecea_se'd;' quarrel may not serve as motive to commit the Aoffepnceé but._* nonetheless the evidence of explains the motive on the part of the offence.
Therefore, on overall and evidence, We are of the cthehacquittal recorded by the trial is set aside.
10. matter, the accused is convicted and".?he'--matter' iis..te'm_;:mr1ed to the Juvenile Board U/s.I5[g) to pass aappropriate orders, since the accused is a jtivenile a's."':o11_'..,ghe,. date of'"offence. Accordingly, the appeal is disposed of;_ ..
Sdl *1 Judge Sd/ -
Judge