SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned senior counsel Shri Ravi B.Naik and Shri J.Basavaraj for the appellants and Shri V.M.Banakar, Addl. SPP for respondent-State.

(2.) The appellants are before this Court aggrieved by the impugned judgment of conviction and order of sentence passed by the learned Addl. District and Sessions Judge, Gadag (in short referred to as "the trial Court"), dated 06.01.2018, passed in S.C.No.48/2014, convicting the accused for the offences punishable under Sections 143, 147, 148, 504, 506, 341, 201, 302 read with Section 149 of IPC

(3.) The first informant Manjunath Magalad, the brother of the deceased lodged first information as per Ex.P17, wherein he has stated that he is residing in Adavi Somapur village along with his mother Shantavva, brother Raghavendra, younger brother Hemant, his wife Shankravva and his sister-in-law Renavva. It is also stated that his brother Hemant was working in Tamil Nadu Roadlines for five to six years which was run by Sunil and Shivanand. About a year earlier to the incident, Hemant was removed from the job and thereafter, he started his own transport business near Dambal Naka, Gadag under the name and style "Manjunath Transport". He used to travel every day from Adavi Somapur to his office at Dambal Naka. It is also stated that his cousins Marthandappa and Kariyappa, who are the sons of his uncle Mallappa, were also having ill-will and used to pick up quarrel every now and then and about five to six months earlier to the incident, they had picked up quarrel and even have assaulted the brother of the complainant Shri Raghavendra. Similarly, Sunil and Shivanand, who were running Tamil Nadu Transport, were also related to the complainant, as they are the sons of maternal aunt of the complainant, were having ill-will against Hemant, as there was business rivalry and they used to pick up quarrel every now and then.