MANJUNATHA REDDY S/O. BALAREDDY Vs. STATE BY BATTALAHALLI POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE

JUDGEMENT

(1.) APPEAL by the accused nos. 1, 3 and 4 against the judgment of conviction in S.C. No. 365/2001, dated 31.12.2005 on the file of Fast Track Court - II, Kolar.

(2.) ACCUSED nos. 1 to 6 were charge -sheeted and tried for offences punishable under Sections - 143, 447, 307 read with 149 of I.P.C. The Trial Court acquitted accused nos. 2, 5 and 6 and convicted accused nos. 1, 3 and 4 for offences punishable under Sections - 447, 307 read with Section - 34 of I.P.C. It is against the judgment of conviction, accused nos. 1, 3 and 4 are before this Court.

(3.) ON 05.09.2000, while PW -1 was forming a canal for water flow to his land, at that time accused nos. 1 to 6 all at once came to the spot and picked up a quarrel alleging that the land where the canal was formed by the PW -1, belonged to the accused. When PW -1 tried to convince the accused that he is not encroaching on the land of the accused, at that time on account of previous enimity, accused no. 4 tried to assault PW -1 with a chopper on his head. However, PW -1 escaped the said blow, PW -1 raised his right hand, as a result, his right hand was chopped of severing from the elbow and sustained grievous injuries. Accused nos. 2 and 1 also assaulted with club. Accused nos. 3, 4, 5 and 6 assaulted with hand. At that time, PW -2 and PW -3 came to the spot and pacified the quarrel and took FW -1 to SNR Hospital, Kolar.