S.K. VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Fifteen persons were involved in an incident on 5th Nov., 1993, at about 10.30 p.m. wherein P. W.] R. Nanjundappa was assaulted and his son-in- law Somasekharappa received fatal injuries apart from some others sustaining minor injuries. While put on trial, learned sessions judge, Chitradurga in S.C. case No. 17 of 1994 convicted the appellant under Sec. 302 Indian Penal Code and sentenced him to undergo life imprisonment and a fine of Rs. 10,000.00 in default to undergo RI for one year.

(2.) Turning on the factual score, the prosecution case runs as below:

(3.) Subsequently, as the records depict, all the 15 accused persons were charge sheeted for having committed offences for promotion of unlawful assembly, rioting, murder and causing simple hurt to the complainant and other prosecution witnesses. The learned sessions judge under Sec. 302 Indian Penal Code awarded the sentence of RI for life with a fine of Rs. 10 thousand against the appellant and also passed an order of acquittal as regards the other accused persons. It is against this finding, criminal appeal No. 551/1995 was filed by accused No. 1 before the High Court assailing the conviction and sentence and the state also challenged the order of acquittal of the other accused persons in criminal appeal No. 722/1995. Both the appeals. were, however, heard together and the High Court in conclusion ordered that the death of the deceased shall have to be devolved only on accused No. 1 despite the presence of as many as 15 persons and thus confirmed the sentence as against accused No.1 for the offence punishable under Sec. 302 Indian Penal Code.