NINGAPPA YAILAPPA HOSAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in these appeals is to the order passed by a Division Bench of the Karnataka High Court. The High Court by the impugned judgment allowed the appeal and set aside the conviction of appellants 3, 4 and 5 (accused No. 3-Sri Giriyappa @ Gireppa, A-4 Sri Yallappa S/o Arujunappa Yaraddi, A-5 Sri Vithal S/o Kalakappa) before it. The compensation of Rs. 50,000/- awarded to Girijabai (PW-4) was reduced to Rs. 20,000/-. The present appeal is by A1, A6 and A7.

(2.) Seven accused persons had faced trial for alleged commission of offences punishable under Sections 143, 148, 341, 109, 302 and Section 201 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). The occurrence took place in the intervening night of 31.1.2005 around midnight.

(3.) Prosecution version in a nutshell is as follows: