Madu Mane vs The State of Karnataka

Mohan Shantanagoudar

Sadu @ Sadashiva son of the deceased Suresh @ Sureba Gopane lodged the complaint, which came to be registered in Crime No. 37/2011 in Gandhi Chowk Police Station, Bijapur for the offences punishable u/s 302 of IPC along with other offences. Petitioner is the sole accused. It is alleged that on 02.03.2011 at about 10.00 a.m. petitioner assaulted on the head of Suresh @ Sureba Gopane with a bamboo stick. Consequent upon which, Suresh died at about 1.30 p.m. on the same day while under treatment in the District Hospital.

During the course of the investigation, statements of Nanabai wife of the deceased and Tayappa are recorded. They are the eyewitnesses to the incident. Tayappa is also injured. Both of them have stated that petitioner assaulted on the head of the deceased with a bamboo stick. Consequent upon which, the deceased succumbed to the injuries. There are in all five injuries, as it is clear from the postmortem report.

Sri Shivanand V. Pattanshetti, learned counsel appearing on behalf of the petitioner argues that the murder is not a premeditated one and the incident has occurred on the spur of the moment. Petitioner allegedly took up the bamboo stick and assaulted on the head of the deceased. Therefore, according to him the offence may not come within the purview of Section 302 of IPC. The said submission is opposed by the learned Additional State Public Prosecutor by filing statement of objections. He submits that the petitioner not only assaulted the deceased-Suresh but also assaulted the complainant-Sadu @ Sadashiva who also sustained injuries. At this stage, it cannot be determined as to whether the offence falls u/s 302 of IPC or not. If anything is observed in that regard, the same is not only premature but also prejudices the Trial Court. However, having regard to the specific overt-acts attributed to the petitioner, no leniency can be shown in favour of the petitioner. Accordingly, the petition fails and the same stands dismissed.