PRABHU AND OTHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal has been filed by the appellant - accused in S.C. No. 85/01 challenging the judgment dated 29.10.2004 passed by the Fast Track Court III, Tumkur, convicting the appellants of the offence under Sections 447 I.P.C and sentencing them to pay a fine of L 500/- each, and further Imposing a fine of L 500/- each for offence under Section 341 I.P.C and further convicting them for offence under Section 323 I.P.C and sentencing them to pay a fine of L 500/- each and further convicting them for offence under Section 324 I.P.C and sentencing to them to undergo rigorous imprisonment for one year and to pay a fine of L 15,000/- each, with default clauses.

(2.) The case of the prosecution is that on 30.6.2000 at, about 9 a.m. within the limits of Dandinashivara Police Station, accused 2 and 3 along with the deceased A-1 in furtherance of their common intention committed criminal trespass by entering into their land bearing Sy. No. 24/1 of Kolghatta village belonging to C.W. 1 M. Shivabasappa and thereby they are alleged to have committed an offence of criminal trespass under Section 447 read with 34 I.P.C.

(3.) It is further alleged that on the said date, time and place, in furtherance of common intention of A-2 and A-3 along with deceased. At wrongfully restrained C.W. 1 and thereby they are alleged to have committed an offence under Section 341 I.P.C.