SHANKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been preferred by the appel lant chal lenging the impugned judgment of conviction and order of sentence dated 31/3/2016 passed in SC No.24/2014 on the file of the learned Additional District & Sessions Judge, Gadag, (hereinafter referred to as "the trial Court"), whereunder the present appellant was arrayed as accused No.2 and was convicted for the offence punishable under Sections 302 of IPC, whi le acquitting him for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504, 307 of IPC and also acquitting accused No.1, 3 to 10 for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504, 307 and 302 read with Section 149 of IPC.

(2.) The respondent State is notif ied. Heard the learned advocate for the appel lant Sri. B.S.Kukanagoudar and learned Additional SPP Sri. V.M.Banakar for the State. Perused the materials on record including the LCR.

(3.) It is the contention of the prosecution before the trial Court that on 15/1/2014 at 8:00 a.m. accused Nos.1 to 10 with a common object formed unlawful assembly in front of the house of CW1 and picked up quarrel with the informant in the matter of property dispute, committed rioting with deadly weapon and assaulted CWs.8 to 13 with hands and caused hurt to CWs.1, 8, 4 and 6 with the handle of axe, dragged CWs.9 and 10 and fisted on their chest and outraged their modesty and abused them in fi lthy language and gave life threat to CWs.1, 8 to 13. Further, accused Nos.1, 2, 9 and 10 assaulted CWs.1, 8 to 13 with sticks, handle of the axe and wooden plank and caused grievous hurt and attempted to cause their death, and accused No.2 assaulted Basavanneppa Hadapad and caused fatal injuries, as a result of which, he succumbed to the injuries and thereby al l the accused have committed the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504, 307 and 302 read with Section 149 of IPC