D G GURUMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants against the judgment of conviction and sentence passed by the Additional Sessions Judge, Shimoga in S.C. 170/2006 by order dated 28.6.07, convicting the appellants of the offence under Sections 307, 341 and 323 r/w Section 34 IPC and sentencing appellant No. 1 to undergo Rigorous imprisonment for five years and to a pay fine of Rs 20.000/-, in default to undergo Simple Imprisonment for 3 years and sentencing appellant No. 2 to undergo simple imprisonment for 3 years.

(2.) Heard Sri Dinesh Kumar, learned Counsel for the appellants and Smt. A.R. Sharadamba, learned Additional Government Advocate for State.

(3.) The case of the prosecution is that on the basis of a complaint of one A.N. Prakash, the Shimoga Police registered a case in their Crime No. 288/04 for an offence under Sections 323, 324, 506 Part-II readwith Section 34 IPC and commenced investigation. The allegations in the complaint is that appellant No. 1 Gurumurthyon 15.6.04 at about 4-30 p.m., near Umblebylu check post, with a common intention to do away with the life of CW-2 Manjunath gave a blow on his neck with a chopper, with an intention of causing his death and further at the same place, date and time, restrained CW-2, thereby they have committed offences under Sections 307, 341 readwith Section 34 of IPC. It is the further allegation of the complainant - that on the said place, date and time, the 2nd appellant Sudhakara has also assaulted Manjunath by hand, thereby committed an offence under Section 323 read with Section 34 of IPC.