NARAYANASWAMY Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the appellants challenging their conviction and order of sentence passed by the 1st Additional Sessions Judge, Kolar in S.C. No. 188 of 1996 by judgment dated 9th December, 2003 convicting the appellants for the offence under Section 307 read with Section 34 of the Indian Penal Code, 1860 and sentencing each of them to undergo simple imprisonment for a period of 10 years and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo further simple imprisonment for a period of two years.

(2.) The case of the prosecution is that on 5-5-1994 at about 10 a.m.., it is alleged by the prosecution that the appellants within the limits of Srinivasapura Police Station at Mulbagal-Srinivaspura Road, near Kethaganahalli, in furtherance of their common intention to commit murder of Smt. Shanthamma-CW. 1, Thimmaiah-C.W. 3 and Ravichandra - C.W. 3 wrongfully restrained the bus bearing No. MEF 6290 in which the injured party was travelling and made them forcibly get down from the bus and voluntarily caused hurt by deadly weapons like 'machchu' and 'knife' with the intention of causing their death, thereby the appellants were alleged to have committed offence under Section 307 read with Section 34 of the Indian Penal Code, 1860.

(3.) After registration of FIR, the appellants surrendered before the police by securing an order of anticipatory bail and they were released on bail. The police after investigation, filed charge-sheet and the matter was committed to the Court of Sessions.