SWATANTER KUMAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
M. Sarvana @ K. D. Saravana – Appellant
Versus
State of Karnataka – Respondent
Judgment :-
Swatanter Kumar, J.
1. The present appeal is directed against the judgment of the High Court of Karnataka, Bangalore, dated 4th December, 2007 confirming the judgment of conviction and order of sentence passed by the Fast Track (Sessions) Judge-III, Bangalore City, dated 26th October and 28th October, 2004, respectively convicting the appellant under Section 302 of the Indian Penal Code, 1860 (for short, the ‘IPC’) and awarding him sentence of rigorous imprisonment for life and a fine of Rs.10,000/-, in default thereto to undergo further rigorous imprisonment for a period of three and a half years.
2. The facts leading to the demise of the deceased Kuppa can be stated as follows:
Head Constable Sadashivaiah, PW2, received an intimation at about 10.30 p.m. in the night of 14th February, 2003 from the doctor on duty at the Victoria Hospital stating that a badly injured person had been admitted to the Victoria Hospital. After receiving this information, PW2 proceeded to Victoria Hospital and approached the duty doctor, Dr.
Girija. The said police officer found the deceased in a sound state of mind and the duty doctor duly endorsed regarding fitness of the deceased to mak
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