SHIVALINGA @ SHIVALINGAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard and perused records. With consent of both parties, the matter is taken up for final hearing.

(2.) The appellant was charged with the offence punishable under Sections 396 and 307 read with Section 34 of the Indian Penal Code, 1860 (IPC). The case of the prosecution is that the appellant and other accused were dacoits and were using Jayamma to lure the drivers of the lorries for illicit sex. These accused would attack the drivers and loot the goods of the lorry.

(3.) It is alleged that on 23.12.1998, the lorry bearing No. A.P.9 T4948 was being driven by PW-3 and Shivashankar, the cleaner was also traveling in the lorry towards Bangalore. The accused No.5 was standing near Kunigal by the side of the road which was noticed by PW-3. PW-3 and accused No.5 had undressed. Accused Nos. 1 to 4 started assaulting PW-3 with sharp edged weapons. Though PW-3 disengaged himself and ran away to some distance, he was chased and assaulted. PW-3's left hand got chopped due to which he became unconscious. The accused took away the watch of PW-3.