T.G.KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by accused nos. 1 to 3 seeking to overturn the conviction rendered by the Trial Court as confirmed by the High Court of Karnataka for the offences under Sec. 302 read with Ss. 120B and 34 of the Indian Penal Code, (for short, 'IPC') and Sec. 307 read with Sec. 34 of the IPC.

(2.) The case of the prosecution is that there was a prior dispute between PW1 and the first appellant regarding the possession and cultivation of the tank bed. On the fateful day all the accused persons numbering 8, armed with deadly weapons had assaulted PW1, PW27 and PW28 and the two deceased persons. All of them were taken to the hospital wherein the deceased nos. 1 and 2 succumbed to the injuries.

(3.) PW1 being the injured eye-witness, along with PW27 and PW28, is the author of the first information report. These three witnesses suffered fractures. PW1 has named all the appellants in the first information report.