MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellants, [Manjunath (s/o Bachanna) A-1; Ramegowda (s/o Bachanna) A-2; Ramappa (s/o Narayanappa) A-3; Ramesh (s/o Chikka Venkatarayappa) A-4; Manjunath (s/o Ramappa) A-5; Dyavappa (s/o Narayanappa) A-7.] (six in number) have filed this appeal against the judgment and order dtd. 21/9/2010 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No.1795 of 2004 whereby the appeal filed by the State against the verdict of acquittal in favour of all 29 accused, vide judgment and order dtd. 25/9/2004 in S.C. No.162 of 1999, passed by the Additional Sessions Judge - Presiding Officer, Fast Track Court- II, Kolar, was partly allowed. Overturning the same in respect of A-1 to A-5 and A-7, the Court while convicting them for having committed an offence punishable under Ss. 143, 144, 146, 147, 148, 447, 324, 326, 504 and 506 r/w Sec. 149 of Indian Penal Code, 1860 sentenced each one of them to undergo rigorous imprisonment for a period of 4 years and pay a fine of ? 5000 each.

(2.) The facts, as set out by the Courts below, shorn of unnecessary details are :-

(3.) The prosecution in order to prove the charges levied, examined 28 witnesses; exhibited 24 documents and three material objects. The accused did not lead any evidence save and except producing five witnesses to contradict the version of PW 4, Gopala Reddy (PW5), Chandrappa (PW15), T.V Krishnappa (PW17) and T.S Ramakrishna (PW13) respectively.