HUSAINSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 to 4 as appellants are before this Court aggrieved by the impugned judgment of conviction and order of sentence dated 28/6/2017 passed in SC No.70/2013 on the file of the II Additional District & Sessions Judge, Bagalkot, (hereinafter referred to as "the trial Court"), whereunder all the accused were convicted for the offences punishable under Sections 323, 324, 307, 341, 504 r/w Section 34 of IPC and under Sections 3(1)(x) and 3(2)(v) of the S.C. and S.T.(P.O.A.) Act.

(2.) We have heard Sri K.L. Patil on behalf of Sri Santosh B. Mane, learned counsel for the appellants and Sri V.M. Banakar, learned Addl. SPP for the respondent-State.

(3.) Brief facts of the case as made out by the prosecution against the accused are that on 18/7/2013 at about 7.45 p.m. when the informant Rajkumar Rangappa Madar, was proceeding alone, near Muchakhandi towards Sulikeri village, accused Nos.1 to 4 and four others have wrongfully restrained him, abused him in filthy language, for the reason that he had shown the house of the accused, in criminal case to the police. Accused No.1 assaulted the informant with an axe on his head, accused No.2 assaulted with stone, accused No.3 assaulted with an axe on the forehead and accused No.4 assaulted with an axe on the left cheek near the left ear and caused injuries, as result of which, the injured fell on the road and on seeing his condition, al l the accused thought that he had already dead and went away from the seen of offence. It is stated by the informant in his first information that from the seen of offence he got up and again proceeded towards his village and PW-5- Muttappa Jumkmanna Bhajantri came to his aid and accompanied him till his house and informed the fact to the mother and wife of the informant. He further stated that since he was in unconscious state due to the injuries sustained by him, he could not lodge the first information immediately. He stated that he knows the names of accused Nos.1 to 4 but does not know the names of other four persons, who have also wrongfully restrained and assaulted him. It is stated further that all the accused with a common intention wrongfully restrained and abused him in filthy language referring him as 'Holeya' and also criminally intimidated and assaulted with axe, stone, club and hands causing bleeding injuries. Therefore, he requested the police to register the case.