SANJAY PATAK @ BHUTTU S/O BARBI PATAK, BIJAY KUMAR @ JOY KUMAR S/O SUKADAR KUMAR AND SANTOSH @ SANTOSH BHUMIJ S/O RAJER BHUMIJ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is against the order of conviction and sentence passed by the Fast Track Court, Chamarajanagar in S.C. No. 414/2004 (old No. S.C.59/2003).

(2.) THE case of the prosecution is that accused Nos. 1 to 6 were appointed as Security Guards in M/s, Lion Security Services and the Head Office is situated at Chamarajpet, Bangalore, The accused were directed to work in the office of the KPTCL at Gundlupet. One Kumaraswamy was working as Field Officer in M/s. Lion Security Services in its branch at Chamarajanagar. During the month of September 2002 the accused 1, 2, 4 and 6 were directed to work in KPTCL office at Gundlupet.

(3.) HOWEVER , according to the prosecution, P.W. 2 -Sureshbabu wording as Manager of the Brach Office at Mysore had given Rs. 40,000/ - to P.W. 1 for the purpose of distribution of salary to the security guards and P.W. 1 went to KFTCL office at Gundiupet along with one Raghavendra C.W.5 on 25 -6 -2003 for the purpose of distribution of salary. On that day, around 12.30p.m., while the amount was being distributed, accused Nos. 2, 5 and 6 forcibly snatched the bag containing amount of Rs. 25,000/ - from P.W. 1 and later accused Nos. 3 and 5 held P.W. 1; accused 1 and 4 tied the hands and legs of P.W. 1 with aluminum wires; accused No. 5 inserted cloth into his mouth arid later accused Nos. 2 and 6 assaulted him with deadly weapons like iron rod, which caused grievous injuries and also an attempt was made for commission, of murder of P.W. 1.