CHOTESAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BEING aggrieved by the order of conviction and sentence passed by the Principal Sessions Judge, Kolar, in S.C. No. 37 of 1995 by order dated 11-9-2003. The appellant has filed this appeal challenging the order of conviction and sentence.

(2.) THE appellant and eight others were charge-sheeted by the Kolar Rural Police for the offences under Sections 143, 148, 447, 324,114 and 302 read with Section 149 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959, alleging that on 2-8-1993 at about 1.00 p.m. at Khadripura Village, Kolar Taluk the accused forming themselves into an unlawful assembly committed the offence of trespass into the property bearing Sy. No. 44/ 3 at Khadripura Village and further being the members of the unlawful assembly, armed with deadly weapons with the common object of committing the murder of Authaulla Sheriff and C.W. 1-Pyarejan (P.W. 1) with clubs and caused hurt thereby were charged for committing offence under Section 324 read with Section 149 of the IPC. Further, it is the charge against accused 1 that on the said date, time and place he has caused the death of Authaulla Sheriff with the SBBL gun and therefore they are alleged to be guilty of offence under Section 302 read with Section 149 of the IPC and Section 27 of the Arms Act.

(3.) HEARD Sri Dinesh Kumar, Advocate for the appellant and Sri A. V. Ramakrishna, High Court Government Pleader, for the State and perused the materia! on record.