BASAVASETTY AND OTHERS Vs. STATE BY KAWLANDE POLICE

JUDGEMENT

(1.) This appeal is filed by the accused challenging the judgment dated 2.4.2004 passed by the 1st Addl. Sessions Judge, Mysore in S.C. No. 91/96 convicting the appellants for the offence under Sections143, 147, 148, 448, 341, 307 read with 149 IPC and sentencing them to pay a fine of Rs. 250/ - each, for the offence under Section 143 read with 149; rigorous imprisonment for six months for the offence under Section 147 read with 149 IPC; Rigorous Imprisonment for six months for the offence under Section 148 read with 149 IPC; Simple Imprisonment for ten days for the offence under Section 448 read with 149 IPC and to pay a fine of Rs. 300/ - each; Simple Imprisonment for one month for the offence under Section 341 read with 149 IPC and Rigorous Imprisonment for one year and to pay a fine of Rs. 1,000/ - for the offence under Section 307 IPC read with Section 149 IPC with default clauses.

(2.) IT is the case of the prosecution that on 1.12.1995 at about 9 p.m. near the house of the complainant Gulab Singh situated at Haropura village of Nanjangud taluk, the accused persons formed themselves into an unlawful assembly with the common object to commit the murder of Gulab Singh and thereafter they trespassed into the house of Gulab Singh holding lethal weapons like stones and chopper, A1 and A2 assaulted Gulab Singh with machhu and club and stones and all of them wrongfully restrained him and caused simple injuries on him and if they were to cause death of C.W. 1 by the said act they would have been guilty of murder and thereby they are alleged to have committed offences under Sections 143, 144, 148, 448, 341, 323, 324, 307 read with Section 149 IPC.

(3.) AFTER hearing the prosecution and defence, the learned Sessions Judge was pleased to hold that the accused are guilty of the offence as aforesaid and sentenced them, accordingly.