KAREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants challenging the judgment of conviction and order of sentence dated 28.01.2015 passed by Fast Track Court, Tumkur, made in S.C.No.278/2012, wherein the appellants/accused nos.1 to 3 and 5 have been found guilty and convicted for the offences punishable under Sections 143, 147, 323, 324, 504, 506 and 307 r/w 149 of the Indian Penal Code, 1860 ('IPC' for short). The order of sentence reads as under:

(2.) The brief facts of the case are as under:

(3.) It is further case of the prosecution that accused no.1 has also assaulted P.W.1 on the backside of left leg, on the right side of the waist and on the right side of the neck with a club in his hand, causing blood injuries and accused No.2 with an intention to kill P.W.1 (C.W.1), stabbed him on the right side of the stomach with the club, causing grievous injury and also assaulted him with the club on the right side of the neck, left side of the waist and left side of the stomach, accused No.3 strangled C.W.1, accused No.4 punched C.W.1 on the back with the hands and accused No.5 assaulted C.W.1 with hands and when C.W.2 came to the rescue of C.W.1, accused No.5 bit P.W.2 (C.W.2) near the left shoulder and also scratched the left side of the neck with hands and thereby, the accused caused grievous and simple injuries to C.W.1 and simple injuries to C.W.2. Thereafter, P.W.1 - Gangadharaiah lodged a complaint as per Ex.P1 on 14.09.2011 at 2.30 p.m. The jurisdictional police registered the case in Crime No.141/2011 against the accused persons for the offences punishable under Sections 143, 147, 323, 324, 504, 506 and 307 read with 149 of IPC. Subsequently, the same was registered as C.C.No.549/2012. The Investigating Officer - P.W.11 after investigation filed final report on 01.12.2011.