RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentences awarded to the five accused in S. C. No. 59/93 by the learned Sessions Judge, Chitradurga.

(2.) IT is the prosecution case that there have been long standing disputes in respect of certain property matters between the two groups who are parties to this incident. On 31-10-1992 at about 6-40 p. m. the five accused are alleged to have assaulted PW-3 - Chandrasekharappa, accused Nos. 1 and 2 being armed with machus and the other three persons though not armed are supposed to have been instigating and encouraging the main assailants. PW-3 sustained four injuries and it was providential for him that his brother who is PW-1 and other persons rushed to his assistance whereupon the accused are alleged to have thrown the weapons at that place and fled from there. PW-3 was thereafter taken to the hospital and the certificate Ex. P. 3 clearly indicates that he had disclosed the names of the persons who had assaulted him. He was admitted in the hospital for treatment and PW-1 lodged a complaint in respect of the incident. This complaint was lodged on the afternoon of the next day at about 4. 30 p. m. The police arrested the five accused, completed the investigation and charged with having committed the offence punishable under Section 307 r/w 34, I. P. C.

(3.) THE learned trial Judge convicted the five accused and awarded varying sentences, the heaviest of them being four years R. I. and a fine of Rs. 1000/- for the offence punishable under Section 307, I. P. C. The present appeal is directed against the conviction and sentence awarded to the appellants.