CHANDRASHEKHAR JUNJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals arise out of the judgment dated 07.12.2005 passed by the District and Sessions Judge, Gadag in S.C. No. 23/2002 by which the learned Sessions Judge has convicted the appellants for the offences under Sections 143, 147, 148, 324, 326 and 304 Part II r/w. Section 149 IPC and sentenced each of them to undergo imprisonment for a period of six months for offence under Section 143 IPC, two years for offence under Section 147 IPC, two years for offence under Section 148 IPC, two years for the offence under Section 326 IPC, two years for offence under Section 324 IPC and seven years for the offence under Section 304 Part II IPC. While accused Nos. 1 to 4 are convicted on the basis of the direct overt act attributed towards them and accused Nos. 5 to 9 have been convicted and sentenced with the aid of Section 149 IPC. It is the case of the prosecution that on 27.10.2001 at 6.30 p.m., at Suranagi village in front of the house of complainant Puttappa Kollenni, accused formed themselves into an unlawful assembly with the object, of constructing wall of the hotel of accused No. 2 Sangayya, thereafter, holding lethal weapons they had caused injuries to persons namely Basavaraj Kollenni, Mahantesh Hiremath, Ishwarppa Haveri, Lankeppa Kollenni, Puttappa Kollenni and assaulted them with an intention to commit murder of Hanamanthappa Kollenni thereby, they are alleged to have committed offences under Sections 147 and 148 IPC. It is further alleged against the appellants that on the above said place, date and time, being the members of unlawful assembly, they have caused grievous hurt to Lankeppa Kollenni, thereby, they are alleged to have committed offences under Sections 326 r/w. 149 IPC. It is further alleged that on the same date, place and time, the accused have caused simple hurt to Basavaraj, Mahantesh, Ishwarappa and Puttappa, thereby, they are alleged to have committed offences under Section 324 r/w. Section 149 IPC. It is further charged that on the above said date, place and time, being the members of unlawful assembly, the accused have abused the complainant and injured persons in filthy language in public place and insulted them and thereby, they are alleged to have committed offences under Sections 504 IPC r/w. 149 IPC. It is further alleged that on the above said date, place and time, in furtherance of the common object they have committed the murder of Hhanamanthappa, thereby, they are alleged to have committed the offences under Sections 302 r/w. 149 IPC.

(2.) The prosecution in order to prove the case, has examined in all 19 witnesses and got marked Exs. P1 to P19 and produced Mos. 1 to 14. The defence of the accused was one of total denial. However, it is their case that witnesses themselves had come to destroy the hotel run by accused No. 2 and in the process, the incident took place and therefore, they are not responsible for the offence. The learned Sessions Judge after appreciating the evidence on record held that the appellants are guilty and convicted and sentenced them as aforesaid. The convicted accused have filed these appeals.

(3.) Heard Sri C.H. Jadhav, Sri Laxman Mantagani and Sri R.L. Patil, learned Counsel for the appellants and Sri Anand K. Navalgimath, learned High Court Government Pleader for the respondent State.