VENKATEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by Venkategowda (A-1), Muddegowda (A-2), Shivanna (A-3), Govindappa (A-4) Govindaiah (A-5), Venkataramanaiah (A-6), Rajashekaraiah (A- 7), Lakkegowda (A-8), Rama (A-9), Shivanna (A-10), Mahadeva (A-11), Ganghahanumaiah (A-12), Singraiah (A-13), Annaiah (A-14), Bettegowda (A-15), Chikkanna (A-16), Govindaiah (A- 17), Rama (A-18), appellants herein, questioning the correctness of the final judgment and order dated 7.3.2006 made in Criminal Appeal No. 161/2000 on the file of the High Court of Karnataka at Bangalore. The appellants took their trial before the Additional District and Sessions Judge, Bangalore Rural District, Bangalore, in S.C. No. 97 of 1989 for offences under Sections 143, 147, 148, 324, 302 read with Section 149 of the Indian Penal Code (for short "the IPC") on the allegations that all of them formed themselves into an unlawful assembly to cause the death of Venkatesh, the deceased herein, and in prosecution of the same, they murdered the deceased and caused injuries to Rajanna (P.W.1) and Kenchaiah (P.W.3).

(2.) The trial court, after examining the prosecution evidence, observed that there was delay in lodging the FIR and noticing the contradictions and improvements between the ocular evidence of Rajanna (P.W.1), Moodalagiri (P.W.2), Kenchaiah (P.W.-3) and Lakshmana (P.W. 10) came to the conclusion that the prosecution had not established its case against the accused and consequently acquitted all the accused persons vide judgment and order dated 15.04.1999.

(3.) In an appeal filed against the said judgment of acquittal by the State before the High Court of Karnataka, the High Court, accepting the evidence of one injured witness and two eye-witnesses coupled with the medical evidence of the doctors, found all the appellants guilty of the offences under Sections 143, 148 and 326 IPC read with Section 149 IPC and sentenced each one of the appellants to undergo imprisonment for a period of five years and to pay a fine of Rs. 10,000/- each and in default of payment of fine to undergo further rigorous imprisonment for one year. Out of the amount of fine, if realized, a sum of Rs.20,000/- each was ordered to be paid to the injured witnesses P.W.1 and P.W.3 and the balance amount of fine to Venkatappa (P.W.7), the father or the legal heirs of the deceased Venkatesh as compensation. No separate sentence, however, was awarded for the offences under Sections 143 and 148 of IPC. Feeling aggrieved and dissatisfied against the judgment and order of the High Court, the appellants have filed the present appeal by way of special leave challenging their conviction and sentence imposed on them by the High Court.