MOHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellants-accused Nos.1 to 4 against the judgment of conviction and order of sentence passed in S.C.No.188/2014 dated 27.11.2017 by the I Additional District and Sessions Judge, Kolar for the offence punishable under Sections 323 and 324 read with Section 34 IPC. Accused Nos.1 to 4 are sentenced to undergo simple imprisonment for a period of three (03) months and to pay fine of Rs.1,000/- each and in default to undergo simple imprisonment for a period of one month for the offence punishable under Section 323 read with 34 of IPC and further they are sentenced to undergo simple imprisonment for a period of six (06) months and to pay fine of Rs.5,000/- each and in the event of default to pay the fine amount to undergo simple imprisonment for a period of one month for the offence punishable under Section 324 read with 34 of IPC.

(2.) The prosecution case in nutshell is that the complainant-Ramesh and his brother viz., accused No.1-Mohan are residing in one and the same house along with their wife and children by partitioning the said house by constructing a common wall. On 04.01.2012, the partition wall fell down. Therefore, accused No.1-Mohan and his wife accused No.2- Rukmini with an intention to grab the property belonging to the complainant started quarreling with them, but he did not leave the possession of the said house in which he was residing. On 04.01.2012, when the complainant was speaking to his elder brother over mobile phone, accused No.1-Mohan, his wife Rukmini (accused No.2), his brothers-in-law viz., Babu (accused No.3) and Manjunath (accused No.4) and his father-in- law Ashwathappa (accused No.5) along with four others came with the club, iron rod, macchu and knife in their hands and picked up quarrel with the complainant. Accused No.1-Mohan assaulted the complainant with club on his thighs; accused No.2-Rukmini assaulted the complainant on his back with the club; accused No.3 assaulted the complainant with iron rod on the right side of the forehead and accused No.4-Manjunath assaulted the complainant with the knife on his right elbow and right little finger. Accused No.5- Ashwathappa assaulted the complainant with stone on the left elbow and caused the injuries. The injured- complainant was taken to Mulbagal Government Hospital. All accused with an intention to grab the house property belonging to the complainant have assaulted him with an intention to commit the murder.

(3.) On registering the case, the Police have conducted the investigation and have filed the charge sheet against accused Nos.1 to 5 along with four others for the offence punishable under Sections 323, 324, 504, 307, 109 read with Section 149 of IPC. After committal of the case, the accused persons appeared and the charges were framed against accused Nos.1 to 4 other accused were discharged from the case.