RAMAKRISHNAIAH AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AGGRIEVED by the order of conviction and sentence passed by the II Addl. Sessions Judge, Bangalore Rural in SC 83/2003, accused 1 to 4 have come up in this appeal.

(2.) IN all, about thirteen accused were charge sheeted by the Dobbaspet Police for the offences punishable under Section 143, 147, 148, 326, 307 read with Section 149, IPC. According to the prosecution, one Thirumalaiah the injured, who is a resident of Devaganahali, while he was going alongwith his daughter Chandramma to their land situate at Devaganahali, and by the time he reached near the house of Gangappa, the accused, alongwith the deceased accused, i.e., accused 6 and 13, having formed themselves into an unlawful assembly, armed with deadly weapons like chopper, sickle and clubs, attacked Thirumalaiah/P.W. 2 on the mud road expressing to butcher him and sacrifice him for the newly built house. So saying, accused Ramakrishnaiah assaulted the injured with a machhu on the left leg as such the injured suffered bleeding injury and once again when accused 4 -Shivanna came forward to assault P.W. 2 with a sickle on his neck, to ward of the blow P.W. 2 raised his left hand and the blow fell on the left hand and he sustained fracture. Accused 2 and 3 and other accused assaulted with clubs and stones. Hearing the screams, P.W. 3, wife of the injured and their neighbour Narayana Gowda came to the spot and on seeing them, the accused ran away throwing the weapons on the spot. The motive behind the commission of the offence, as per the prosecution, is about seven years prior to the alleged incident, this Chandramma and her friend by name Suvarana were grazing sheep and at that time, some sheep strayed into the garden land of the 6th accused Dodda Mariyappa, as such, the 4th accused Shivanna and his mother Lakkamma and Dodda Mariappa, the deceased accused, abused Suvarna at the instigation of the 6th accused. Also, the 4th accused assaulted Suvarna. In that regard, Chandramma/P.W. 1 had lodged a complaint. Due to the ill will, the 4th accused alongwith others assaulted P.W. 1 on the date of the incident. Chandramma having rushed to the police station, filed a complaint against twelve of the accused. The case came to be registered in Crime No. 180/1993 for the above said offences. The police based on the complaint, after investigation, filed charge sheet before the JMFC, Nelamangala against thirteen persons for the offences under Sections 143, 147, 326 read with Section 149, IPC. Learned Magistrate took cognizance and also proceeded to inquire into the matter. On the application made by the prosecution under Section 323, Cr.P.C. to commit the case to the Sessions Court as at the time of adducing evidence, offence under Section 307, IPC was made out, learned Magistrate having allowed the application, committed the case to the Sessions Court including the offence under Section 307, IPC. As such, the Sessions Court dealt with the case against the accused for the above said offences. Ultimately, during pendency of the matter, accused 6 and 13 have died and accused 1 to 4 were convicted and remaining accused were acquitted. Accused 2 and 3 were convicted for the offence under Section 324, IPC and accused 1 and 4 were convicted for the offence under Section 326, IPC while acquitting the accused for the offence under Section 307, IPC and sentencing accused 1 and 4 to undergo simple imprisonment for two years and to pay fine of Rs. 20,000/ - each and default sentence of one year simple imprisonment for the offence under Section 324, accused 2 and 3 were convicted and sentenced to undergo imprisonment for one year and to pay fine of Rs. 10,000/ - each and default sentence of three months and, ordered to deposit fine amount of Rs. 50,000/ - which shall be paid to the injured Thirurnalaiah, as compensation. As against the order of conviction suffered by accused 1 to 4, they are before this Court in appeal on various grounds.

(3.) GOVERNMENT Pleader submitted that P.Ws. 1, 3 and 4 are the eye -witnesses to the incident. Though P.W. 4 has turned hostile, P.W. I who is the complainant, has also mentioned the names of accused I and 4 regarding the assault. So also, the name of the 4th accused is also mentioned by P.W. 2, the injured alongwith the 1st accused. Apart from that, P.W. I has also stated about accused 2 and 3 in general regarding their involvement and assault. The trial Court while acquitting the other accused, having found legal evidence as against accused 1 to 4, has convicted them which does not call for any interference. Accordingly, he has sought for dismissal of the appeal.