SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this appeal the challenge is to the judgment of the learned II Addl. District & Sessions Judge, Haveri, sitting at Ranebennur in S.C. No. 26/2008 dated 15.03.2016 wherein accused Nos.1 to 11 are convicted for the offences punishable u/s 148, 504, 506 r/w Sec. 149 of IPC and accused No.1 was convicted for the offences punishable u/s 302 of IPC . So also accused Nos. 2, 3, 4, 5, 6, 8, 9 and 10 are convicted for the offences punishable u/s 324 r/w Sec. 149 of IPC . Accused Nos.3, 7 and 11 are Convicted for the offences punishable u/s 323 r/w Sec. 149 of IPC . Accused Nos.2 to 11 are given the benefit of Probation of Offenders' Act and are released subject to executing personal bond for a sum of Rs.50,000/- each and one surety for the likesum. Challenging the same, the appellant-accused No.1 is before this Court.

(2.) We have heard Smt. Manjula N. Tejasvi, learned counsel for the appellant through virtual hearing and the learned Addl. SPP Sri V.M.Banakar, for the respondent-State.

(3.) It is the case of the prosecution that the complainant was residing in the joint family along with his brothers and their family members. Accused Nos.1 and 4 are his neighbours. There is an open site situated in front of the house of the complainant. Admittedly the said area belongs to Sodambi Grama Panchayat. As the complainant and his family members were agriculturists they have purchased a tractor and used to park it in that area belonging to the Grama Panchayat. After some time the complainant built a temporary shed. Accused Nos.1 and 4 along with other neighbouring persons approached Sodambi Grama Panchayat with the complaint that they are facing inconvenience due to parking of the said tractor in the said shed. They also instructed the complainant and his family members to remove the said shed. In that context Grama Panchayat passed a resolution and to the said resolution one of the members of the family of the complainant has given the reply. Left with no other alternative the complainant and his family members removed the said temporary shed. But two poles fixed for putting the shed were not removed. In that light, accused Nos.1 to 11 instructed the complainant to remove the two poles left there itself. But, inspite of the said request the complainant and his family members did not remove the poles of the temporary shed. In that light, on 16.01.2008 at about 8 p.m. complainant came to his house from the land and after taking the food gone to nearby shop. Initially the accused Nos.1 to 4 came to the spot and picked up quarrel with the complainant by saying that, inspite of instructions he has not removed the two poles and saying so, the accused persons removed the poles and put fire on it. Immediately the brothers of the complainant, i.e., Shivappa and Basappa Kuriger requested the accused not to burn the poles. By hearing the said words of the accused persons, the accused by constituting an unlawful assembly, assaulted Shivappa Kuriger with club and stones and even assaulted the complainant and other 2-3 family members and caused simple hurt to them and left the spot by giving life threat. Immediately the injured persons were shifted to Tiluvalli Government Hospital and after giving first aid, the injured was taken to a Hospital at Davanagere. On the way to Davanagere near Byadagi the injured Shivappa succumbed to the injuries in the vehicle itself.