STATE OF KARNATAKA Vs. YENKAREDDY & ORS.

JUDGEMENT

(1.) This appeal arises out of judgment dated 12th August, 2003 in Criminal Appeal No.1301 of 2000 by which the High Court set aside the conviction of accused No(s).4 and 5 giving them the benefit of doubt; conviction of accused No(s).1, 2, 3 & 7 was modified from the offence under Section 302 I.P.C. to one under Section 304 Part-II and sentencing them to undergo imprisonment for a period of five years and accused No(s).2, 3 & 7 were given set off for the period already undergone by them and as accused no(s).1 has already undergone the sentence he was set at liberty.

(2.) The case in nutshell is as follows. On 29th January, 1995 the deceased-Siddaramreddy went to his field along with his wife, Annapoornama (PW-3), and daughter, Tayamma (PW-4) for keeping watch over the harvested crops. The respondents, accused no.1 to 8, are said to have formed an unlawful assembly and attacked Siddaramreddy by beating him with clubs.

(3.) Upon appreciation of evidence, the trial court found accused No.1 guilty for the offence punishable under Section 302 I.P.C. and accused No(s).2 to 5 and 7 were found guilty for the offence punishable under Section 302 I.P.C. read with Section 149 I.P.C. In the appeal, the conviction of accused No(s).4 and 5 was set aside and they were on the ground that no specific act was attributed to them. So far as the other accused, the conviction of accused No(s).1, 2, 3 and 7 was modified into Section 304 Part-II read with Section 149 I.P.C. as aforesaid.