HABBALAPPA DUNDAPPA KATTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) For an occurrence which took place on 29th July, 1986, nine persons were charged for offences under Sections 147, 148, 447, 325, 307, 302, 326 read with Section 149, IPC. Two persons namely, Kathalsab and Govindappa succumbed to their injuries and died, while Husensab, brother of Kathalsab, received injuries during the said occurrence. After recording evidence, the trial Court vide order dated 11th September, 1987 acquitted all the eight appellants (Accused-9 was absconding and was not tried) of all the offences. On appeal by the State, the High Court of Karnataka vide judgment dated 9th June, 1992 set aside the acquittal of the eight appellants for offences under Sections 147/148/326/149, IPC while maintaining their acquittal in respect of other offences. The appellants were directed to undergo varying terms of imprisonment for offences under Sections 147/148/326/149, IPC. The maximum sentence awarded for the offence under Section 326/149, IPC was four years' rigorous imprisonment.

(2.) The appellants have questioned their conviction and sentence through the present appeals by special leave.

(3.) After the appellants surrendered and furnished proof of surrender, leave was granted on 27th August, 1992 and vide order dated 28th August, 1992, all the appellants were directed to be released on bail on each of them executing a bond for a sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the Sessions Judge, Bijapur. At present they are all on bail.